{"id":11570,"date":"2022-04-25T20:03:44","date_gmt":"2022-04-25T20:03:44","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11570"},"modified":"2024-04-23T21:12:08","modified_gmt":"2024-04-23T21:12:08","slug":"civil-partnership","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/civil-partnership\/","title":{"rendered":"Civil Partnership"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Background\" title=\"Background\">Background<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Post-Marriage_Referendum\" title=\"Post-Marriage Referendum\">Post-Marriage Referendum<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Requirements_for_CP\" title=\"Requirements for CP\">Requirements for CP<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Declarations\" title=\"Declarations\">Declarations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Foreign_Civil_Partnerships\" title=\"Foreign Civil Partnerships\">Foreign Civil Partnerships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Registration_of_Civil_Partnership\" title=\"Registration of Civil Partnership\">Registration of Civil Partnership<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#2014_Act\" title=\"2014 Act\">2014 Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#CP_of_Convenience\" title=\"CP of Convenience\">CP of Convenience<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Declaration\" title=\"Declaration\">Declaration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Objections_Impediments\" title=\"Objections &amp; Impediments\">Objections &amp; Impediments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Prohibited_Degrees\" title=\"Prohibited Degrees\">Prohibited Degrees<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Shared_Home\" title=\"Shared Home\">Shared Home<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#CP_Maintenance\" title=\"CP Maintenance\">CP Maintenance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Succession\" title=\"Succession\">Succession<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/civil-partnership\/#Child_of_Civil_Partner\" title=\"Child of Civil Partner\">Child of Civil Partner<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#CIVIL_PARTNERSHIP_AND_CERTAIN_RIGHTS_AND_OBLIGATIONS_OF_COHABITANTS_ACT_2010\" title=\"CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010\">CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_partners\" title=\"Civil partners.\">Civil partners.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Status_of_Civil_Partnership\" title=\"Status of Civil Partnership\">Status of Civil Partnership<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Declarations_of_civil_partnership_status\" title=\"Declarations of civil partnership status.\">Declarations of civil partnership status.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Recognition_of_registered_foreign_relationships\" title=\"Recognition of registered foreign relationships.\">Recognition of registered foreign relationships.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Certain_registered_foreign_relationships\" title=\"Certain registered foreign relationships\">Certain registered foreign relationships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_Civil_Partnership-2\" title=\"Registration of Civil Partnership\">Registration of Civil Partnership<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Civil_Registration\" title=\"Amendment of Civil Registration\">Amendment of Civil Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_section_13_of_Act_of_2004\" title=\"Amendment of section 13 of Act of 2004.\">Amendment of section 13 of Act of 2004.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_Civil_Partnerships\" title=\"Registration of Civil Partnerships\">Registration of Civil Partnerships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Definitions_Part_7A\" title=\"Definitions (Part 7A).\">Definitions (Part 7A).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Notification_of_civil_partnerships\" title=\"Notification of civil partnerships.\">Notification of civil partnerships.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_partnership_registration_form\" title=\"Civil partnership registration form.\">Civil partnership registration form.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_partnership_registration\" title=\"Civil partnership registration.\">Civil partnership registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Places_and_times_for_registration_of_civil_partnerships\" title=\"Places and times for registration of civil partnerships.\">Places and times for registration of civil partnerships.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Objections\" title=\"Objections.\">Objections.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Where_interpretation_required\" title=\"Where interpretation required.\">Where interpretation required.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Effect_of_registration\" title=\"Effect of registration.\">Effect of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_Decrees_of_Dissolution_of_Civil_Partnership_and_Decrees_of_Nullity_of_Civil_Partnership\" title=\"Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership\">Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Particulars_to_be_Entered_in_Register_of_Dissolutions\" title=\"Particulars to be Entered in Register of Dissolutions\">Particulars to be Entered in Register of Dissolutions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Prohibited_Degrees_of_Relationship\" title=\"Prohibited Degrees of Relationship\">Prohibited Degrees of Relationship<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Shared_Home_Protection\" title=\"Shared Home Protection\">Shared Home Protection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Alienation_of_interest_in_shared_home\" title=\"Alienation of interest in shared home.\">Alienation of interest in shared home.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Consent_of_civil_partner\" title=\"Consent of civil partner.\">Consent of civil partner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Conduct_leading_to_loss_of_shared_home\" title=\"Conduct leading to loss of shared home.\">Conduct leading to loss of shared home.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Payment_of_outgoings_on_shared_home\" title=\"Payment of outgoings on shared home.\">Payment of outgoings on shared home.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Adjournment_of_proceedings_by_mortgagee_or_lessor_for_possession_or_sale_of_shared_home\" title=\"Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.\">Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Modification_of_terms_of_mortgage_or_lease_as_to_payment_of_capital_sum\" title=\"Modification of terms of mortgage or lease as to payment of capital sum.\">Modification of terms of mortgage or lease as to payment of capital sum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Restriction_on_disposal_of_household_chattels\" title=\"Restriction on disposal of household chattels.\">Restriction on disposal of household chattels.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Application_of_section_342_of_Civil_Partnership_and_Certain_Rights_and_Obligations_of_Cohabitants_Act_2010\" title=\"Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\">Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Joinder_of_parties\" title=\"Joinder of parties.\">Joinder of parties.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_notice_of_existence_of_civil_partnership\" title=\"Registration of notice of existence of civil partnership.\">Registration of notice of existence of civil partnership.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Restriction_of_section_592_of_Registration_of_Title_Act_1964\" title=\"Restriction of section 59(2) of Registration of Title Act 1964.\">Restriction of section 59(2) of Registration of Title Act 1964.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Creation_of_joint_tenancy_in_shared_home_exempt_from_fees\" title=\"Creation of joint tenancy in shared home exempt from fees.\">Creation of joint tenancy in shared home exempt from fees.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Offences\" title=\"Offences.\">Offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Protection_of_certain_tenancies\" title=\"Protection of certain tenancies.\">Protection of certain tenancies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Civil_Legal_Aid_Act_1995\" title=\"Amendment of Civil Legal Aid Act 1995.\">Amendment of Civil Legal Aid Act 1995.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Maintenance_of_Civil_Partner\" title=\"Maintenance of Civil Partner\">Maintenance of Civil Partner<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Commencement_of_periodical_payments\" title=\"Commencement of periodical payments.\">Commencement of periodical payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Maintenance_order\" title=\"Maintenance order.\">Maintenance order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Discharge_variation_and_termination_of_maintenance_order\" title=\"Discharge, variation and termination of maintenance order.\">Discharge, variation and termination of maintenance order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Interim_order\" title=\"Interim order.\">Interim order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Orders_in_respect_of_certain_agreements_between_civil_partners\" title=\"Orders in respect of certain agreements between civil partners.\">Orders in respect of certain agreements between civil partners.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Preservation_of_pension_entitlements\" title=\"Preservation of pension entitlements.\">Preservation of pension entitlements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Transmission_of_payments_through_District_Court_clerk\" title=\"Transmission of payments through District Court clerk.\">Transmission of payments through District Court clerk.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Lump_sum_maintenance_orders\" title=\"Lump sum maintenance orders.\">Lump sum maintenance orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Secured_orders\" title=\"Secured orders.\">Secured orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Failure_to_make_payments_to_be_contempt_of_court\" title=\"Failure to make payments to be contempt of court\">Failure to make payments to be contempt of court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Certificate_of_outstanding_payments\" title=\"Certificate of outstanding payments\">Certificate of outstanding payments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Attachment_of_Earnings\" title=\"Attachment of Earnings\">Attachment of Earnings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Application_of_sums_received_by_District_Court_clerk\" title=\"Application of sums received by District Court clerk.\">Application of sums received by District Court clerk.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Statement_as_to_earnings\" title=\"Statement as to earnings.\">Statement as to earnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Notification_of_changes_of_employment_and_earnings\" title=\"Notification of changes of employment and earnings.\">Notification of changes of employment and earnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Power_to_determine_whether_particular_payments_are_earnings\" title=\"Power to determine whether particular payments are earnings.\">Power to determine whether particular payments are earnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Persons_in_service_of_State_local_authority_etc\" title=\"Persons in service of State, local authority, etc.\">Persons in service of State, local authority, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Discharge_variation_and_lapse_of_attachment_of_earnings_order\" title=\"Discharge, variation and lapse of attachment of earnings order.\">Discharge, variation and lapse of attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Cesser_of_attachment_of_earnings_order\" title=\"Cesser of attachment of earnings order.\">Cesser of attachment of earnings order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Other_remedies\" title=\"Other remedies.\">Other remedies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Enforcement\" title=\"Enforcement.\">Enforcement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Payments_without_deduction_of_income_tax\" title=\"Payments without deduction of income tax.\">Payments without deduction of income tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_the_Enforcement_of_Court_Orders_Act_1940\" title=\"Amendment of the Enforcement of Court Orders Act 1940.\">Amendment of the Enforcement of Court Orders Act 1940.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Property_in_household_allowance\" title=\"Property in household allowance.\">Property in household allowance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Voidance_of_certain_provisions_of_agreements\" title=\"Voidance of certain provisions of agreements.\">Voidance of certain provisions of agreements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Birth_and_funeral_expenses_of_dependent_child\" title=\"Birth and funeral expenses of dependent child\">Birth and funeral expenses of dependent child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Succession-2\" title=\"Succession\">Succession<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Shares_of_surviving_civil_partner_and_issue\" title=\"Shares of surviving civil partner and issue.\">Shares of surviving civil partner and issue.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Share_of_issue_where_no_surviving_spouse_or_surviving_civil_partner\" title=\"Share of issue where no surviving spouse or surviving civil partner.\">Share of issue where no surviving spouse or surviving civil partner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Right_of_surviving_civil_partner\" title=\"Right of surviving civil partner.\">Right of surviving civil partner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Renunciation_of_legal_right\" title=\"Renunciation of legal right.\">Renunciation of legal right.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Domestic_Violence\" title=\"Domestic Violence\">Domestic Violence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Ethics_and_conflict_of_interests\" title=\"Ethics and conflict of interests.\">Ethics and conflict of interests.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Pensions\" title=\"Pensions.\">Pensions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Criminal_Damage_Act_1991\" title=\"Amendment of Criminal Damage Act 1991.\">Amendment of Criminal Damage Act 1991.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Employment_Equality_Act_1998\" title=\"Amendment of Employment Equality Act 1998.\">Amendment of Employment Equality Act 1998.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Equal_Status_Act_2000\" title=\"Amendment of Equal Status Act 2000.\">Amendment of Equal Status Act 2000.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Powers_of_Attorney_Act_1996\" title=\"Amendment of Powers of Attorney Act 1996.\">Amendment of Powers of Attorney Act 1996.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Amendment_of_Civil_Liability_Act_1961\" title=\"Amendment of Civil Liability Act 1961.\">Amendment of Civil Liability Act 1961.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Determination_of_questions_between_civil_partners_in_relation_to_property\" title=\"Determination of questions between civil partners in relation to property.\">Determination of questions between civil partners in relation to property.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_Partnership_Recognition_of_Registered_Foreign_Relationships_Order_2010\" title=\"Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010.\">Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-96\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#EXPLANATORY_NOTE\" title=\"EXPLANATORY NOTE.\">EXPLANATORY NOTE.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-97\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_Partnership_Recognition_of_Registered_Foreign_Relationships_Order_2011\" title=\"Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011.\">Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-98\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#EXPLANATORY_NOTE-2\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-99\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_Partnership_Recognition_of_Registered_Foreign_Relationships_Order_2012\" title=\"Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012.\">Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-100\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#EXPLANATORY_NOTE-3\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-101\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_Partnership_Recognition_of_Registered_Foreign_Relationships_Order_2013\" title=\"Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013.\">Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-102\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#EXPLANATORY_NOTE-4\" title=\"EXPLANATORY NOTE.\">EXPLANATORY NOTE.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-103\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_Partnership_Recognition_of_Registered_Foreign_Relationships_Order_2016\" title=\"Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016.\">Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-104\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#EXPLANATORY_NOTE-5\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-105\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#CIVIL_REGISTRATION_ACT\" title=\"CIVIL REGISTRATION ACT\">CIVIL REGISTRATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-106\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Definitions_Part_7A-2\" title=\"Definitions (Part 7A).\">Definitions (Part 7A).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-107\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_partnership_registration_form-2\" title=\"Civil partnership registration form.\">Civil partnership registration form.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-108\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_partnership_registration-2\" title=\"Civil partnership registration.\">Civil partnership registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-109\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Civil_Partnership_ceremonies_performed_at_certain_embassies_or_diplomatic_missions\" title=\"Civil Partnership ceremonies performed at certain embassies or diplomatic missions\">Civil Partnership ceremonies performed at certain embassies or diplomatic missions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-110\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_Decrees_of_Dissolution_of_Civil_Partnership_and_Decrees_of_Nullity_of_Civil_Partnership-2\" title=\"Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership\">Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-111\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_decrees_of_dissolution_and_decrees_of_nullity_of_civil_partnership\" title=\"Registration of decrees of dissolution and decrees of nullity of civil partnership.\">Registration of decrees of dissolution and decrees of nullity of civil partnership.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-112\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Registration_of_dissolution_of_civil_partnership_on_marriage\" title=\"Registration of dissolution of civil partnership on marriage\">Registration of dissolution of civil partnership on marriage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-113\" href=\"https:\/\/legalblog.ie\/civil-partnership\/2\/#Transitional_provisions_consequent_on_Marriage_Act_2015\" title=\"Transitional provisions consequent on Marriage Act 2015\">Transitional provisions consequent on Marriage Act 2015<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Background\"><\/span>Background<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil partnership legislation has been progressively introduced in Western European countries throughout the start of the 21st century.\u00a0It was introduced in England and Wales in 2005. It provided recognition for relationships between same-sex couples.<\/p>\n<p>It did not go so far as to provide equivalent rights to marriage. However, civil partners are treated like spouses to a very considerable extent.<\/p>\n<p>On 1 January 2011, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 commenced and provided for civil partnership in Ireland. The Act also gave considerable new rights to cohabitants.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Post-Marriage_Referendum\"><\/span>Post-Marriage Referendum<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>After the Marriage Referendum of May 2015, the Marriage Act 2015 closed the possibility of civil partnership in new cases. Civil partners may now marry each other if they choose. If they do not their relationship is governed by the civil partnership legislation.<\/p>\n<p>The civil partnership legislation continues to apply to existing civil partnerships. Therefore it will continue to be significant for many years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requirements_for_CP\"><\/span>Requirements for CP<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>To become civil partners, parties were required to be:<\/p>\n<ul>\n<li>the same-sex<\/li>\n<li>over 18 years<\/li>\n<li>unmarried and unregistered<\/li>\n<li>unrelated<\/li>\n<\/ul>\n<p>Civil partners are entitled to the same succession rights as spouses. Registration revoked a will as is the case in marriage. As with marriage, there was an exception if the will was made in contemplation of civil partnership.<\/p>\n<p>A civil partnership may be terminated in ways broadly analogous to nullity and divorce.<\/p>\n<p>Civil partners have succession rights. The right of a child to apply for provision from a parent\u2019s estate may not interfere with a spouse\u2019s legal right share but may interfere with a civil partner\u2019s share.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Declarations\"><\/span>Declarations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts may make declarations as to the validity of Irish and foreign civil partnerships. Such an application may be made by a person claiming to be a civil partner or by another interested party, such as a child.<\/p>\n<p>The application may be made if one of the civil partners is domiciled in the State and has been ordinarily resident for a year or died before the application and was so domiciled or ordinarily resident. Certain other interested parties must receive notice of the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Foreign_Civil_Partnerships\"><\/span>Foreign Civil Partnerships<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister could by order declare that certain classes of foreign civil partnerships are recognised as civil partnerships in Ireland. Under the law of the country concerned, the relationship<\/p>\n<ul>\n<li>must be exclusive.<\/li>\n<li>permanent, unless parties dissolve it through the courts.<\/li>\n<li>registered under the law of that jurisdiction.<\/li>\n<\/ul>\n<p>Rights and obligations must be comparable to Irish civil partnership. A dissolution under the law of the relevant jurisdiction may be recognised on broadly similar terms.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Registration_of_Civil_Partnership\"><\/span>Registration of Civil Partnership<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The registration of civil marriage and civil partnerships was undertaken by the Civil Registration Service. The provisions of that legislation in respect of registration of marriages, divorce and nullity applied to the equivalent steps and proceedings under civil partnership.<\/p>\n<p>At least three months\u2019 notice was to be given to the superintendent registrar of the intention to enter a civil partnership. The persons concerned were required to attend at the office of the registrar no less than five days before the date and make declarations that there was no impediment to the civil partnership registration.<\/p>\n<p>As with marriage, the High Court could grant exemptions where there were serious reasons and exceptional circumstances. The superintendent registrar may require evidence in relation to the requisite conditions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"2014_Act\"><\/span>2014 Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2014 Act provides that couples who produce a court order exempting them from giving three months\u2019 notice of their intention to enter into a civil partnership will be required to pay the prescribed fee as set out in regulations. Where one or both of the people making a notification of their intention to enter into a civil partnership is a foreign national, they must provide documents and information regarding their immigration status.<\/p>\n<p>The 2014 Act amends the validation period of a Civil Partnership Registration Form to six months from the date of the proposed ceremony in order to align it with the validation period for a Marriage Registration Form.<\/p>\n<p>The 2014 Act provides for the validation of certain civil partnerships carried out at foreign embassies in the State.<\/p>\n<p>The registrar is no longer required to issue a copy of the document signed by the parties to the civil partnership.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"CP_of_Convenience\"><\/span>CP of Convenience<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2014 Act provides for the procedures when a registrar forms an opinion that a proposed civil partnership is a civil partnership of convenience. TheSuperintendent Registrar who makes a decision that a civil partnership constitutes a civil partnership of convenience shall notify the Minister for Justice and Equality.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Declaration\"><\/span>Declaration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The parties were required to complete a civil partnership registration form. This was furnished by the registrar and was valid for six months. If the civil partnership was not completed within this period, a fresh application was required.<\/p>\n<p>Civil registration itself required certain declarations to each other in the presence of the parties, the registrar and two witnesses. The declaration form was to be signed. The registrar was required to be satisfied that the parties understood the nature of civil partnership.<\/p>\n<p>Before declaring the civil partnership, the parties could take part in a ceremony in a form approved by the superintendent registrar to which the declarations were made. Following registration, the partners were issued with a certificate.<\/p>\n<p>The registration could take place at the offices of the registrar. It could take place at another place with the consent of a registrar and in his\/her presence, provided fees were paid, including travel and subsistence expenses of the attending registrar.<\/p>\n<p>If a party to a civil partnership registration did not have sufficient knowledge of the language of the registration to understand, an interpreter was required to be present.<\/p>\n<p>There are provisions for the registration of decrees of nullity and dissolution of civil partnership. Full particulars of the decree court, PPS numbers, date and place must be entered.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Objections_Impediments\"><\/span>Objections &amp; Impediments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There were provisions for objections to civil partnerships. An objection relating to a minor error or misdescription which would not have constituted an impediment to partnership could be rectified. The objections had to be made before the partnership declaration.<\/p>\n<p>Where there was a possibility that the impediment invalidated the civil partnership, the registrar could refer the matter to the superintendent registrar and notify the parties concerned.<\/p>\n<p>The civil partnership could be suspended while the matter was investigated. If the superintendent registrar decided there was no impediment, the parties were notified. If there was an impediment, the parties were notified and given reasons. A party to proposed partnership could appeal to the Circuit Court against the decision of the superintendent registrar.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prohibited_Degrees\"><\/span>Prohibited Degrees<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A man could not enter a civil partnership with his<\/p>\n<ul>\n<li>father,<\/li>\n<li>brother,<\/li>\n<li>grandfather,<\/li>\n<li>son<\/li>\n<li>grandson,<\/li>\n<li>nephew<\/li>\n<li>grandnephew,<\/li>\n<li>father&#8217;s, mother&#8217;s or grandparent&#8217;s brother<\/li>\n<\/ul>\n<p>A woman could not enter a civil partnership with those in the equivalent degrees of relationship.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Shared_Home\"><\/span>Shared Home<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil partners enjoy equivalent protections to those under the Family Home Protection Act in respect of the shared home. The shared home is the dwelling house in which the civil partners ordinarily reside or in which the civil partner whose protection is an issue ordinarily resided before leaving.<\/p>\n<p>See the section on the Family Home Protection Act in relation to spouses. The following equivalent provisions apply.<\/p>\n<p>The non-owning spouse must give prior consent in writing to any sale, transfer, mortgage or other disposition of the shared home. Provisions in respect of dispensation with consent exist where consent is being unreasonably withheld.<\/p>\n<p>Conduct leading to loss of the shared home may be restrained. Mortgage or rent\/eviction proceedings may be adjourned to give the other civil partner the opportunity to pay mortgage or rent arrears. Where one partner pays, the court may, as with the family home, deem the non-payment not to be effective for the purpose of mortgage liabilities so that, for example, the liability and rights enforcement of the lender is not accelerated.<\/p>\n<p>A civil partner may be restrained from disposing of household chattels. Civil partners may register the fact that they are civil partners in the Land Registry or Registry of Deeds in order to protect their position. The transfer of shared home into joint names is exempt from registration fees.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"CP_Maintenance\"><\/span>CP Maintenance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil partners have\u00a0 mutual maintenance obligations, broadly equivalent to those in respect of spouses. See the chapter in respect of maintenance rights of spouses.<\/p>\n<p>Where it appears to the District Court that the other civil partner has failed to provide maintenance as is proper in the circumstances, the court may make an order that the other civil partner pay periodical payments for the support of the applicant for such period during the applicant&#8217;s lifetime as the court specifies.<\/p>\n<p>An order may not be made in respect of a civil partner who has deserted the other unless it would be unjust, in all the circumstances, not to do so.<\/p>\n<p>In deciding whether to make a maintenance order, the court takes account of:<\/p>\n<ul>\n<li>the respective income earning capacity, property and financial resources of the partners.<\/li>\n<li>income benefits to which they are entitled by statute.<\/li>\n<li>respective financial responsibility towards others\/third parties, in particular children and former spouses.<\/li>\n<li>conduct of each of the civil partners, if it would be unjust to disregard it.<\/li>\n<\/ul>\n<p>Applications may be made to vary, discharge or terminate maintenance orders in the same manner as with spouses.<\/p>\n<p>Where partners enter an agreement in writing in respect of maintenance, this may be made a rule of court. The effect is that it is enforceable as if it was a court order .<\/p>\n<p>An application may be made by either civil partner for an order directed to pension trustees to disregard separation for the purpose of the pension scheme rules.<\/p>\n<p>The special enforcement of maintenance order provisions in respect of spouses applies to civil partners. In particular, the court shall order payments be made to the District Court, unless the maintenance creditor is satisfied not to so require. The District Court clerk may recover the arrears by way of attachment of earnings order and others methods.<\/p>\n<p>The attachment of earnings order procedure which applies in respect of spouses applies to maintenance orders by and for the benefit of civil partners.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Succession\"><\/span>Succession<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil partners are entitled to a legal right share. Where the deceased died with no children, the civil partner is entitled to a one half share. Where the deceased dies with children and a civil partner, the civil partner\u2019s legal right share is one third.<\/p>\n<p>The legal right of a civil partner may be renounced in writing before or after the civil partnership.<\/p>\n<p>An order made in favour of a child for whom proper provision has not been made and having regard to the moral duty of the deceased may affect the right of the surviving civil partner. This is the case, if, in the circumstances &#8211;\u00a0 including the deceased\u2019s financial circumstances and obligations &#8211; it would be unjust not to make the order.<\/p>\n<p>The civil partner of the deceased may not take a share if he\/she is guilty of desertion, where desertion has continued for up to 2 years before death.\u00a0Similarly, a civil partner who is guilty of conduct which justified the deceased living separate and apart is himself or herself guilty of desertion.<\/p>\n<p>The various spousal rights in respect of appropriation of the family home apply to civil partners and the shared home.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Child_of_Civil_Partner\"><\/span>Child of Civil Partner<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>On application of a child order, the court may decide that the provision be made out of the intestate\u2019s estate if it is of the opinion that it is just to make an order considering the circumstances, including:<\/p>\n<ul>\n<li>the extent to which provision is made during the intestate&#8217;s life.<\/li>\n<li>age and reasonable financial requirements of the child.<\/li>\n<li>the deceased\u2019s financial circumstances.<\/li>\n<li>the deceased&#8217;s obligation to their civil partner.<\/li>\n<\/ul>\n<p>The amount is not to be less than the amount the child would have been entitled to if no order was made and not to be greater than the amount he would have been entitled to had the deceased died without a civil partner or spouse.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 22 June 2023<\/p>\n<p>This Revised Act is an administrative consolidation of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3\/1975) to keep the law under review and to undertake revision and consolidation of statute law.<\/p>\n<p>All Acts up to and including the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 (15\/2023), enacted 22 June 2023, and all statutory instruments up to and including the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (Commencement) Order 2023 (S.I. No. 321 of 2023), made 21 June 2023, were considered in the preparation of this Revised Act.<\/p>\n<p>Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to<\/p>\n<p>revisedacts@lawreform.ie.<\/p>\n<p>&nbsp;<\/p>\n<p>Number 24 of 2010<\/p>\n<p>CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/p>\n<p>REVISED<\/p>\n<p>Updated to 22 June 2023<\/p>\n<p>AN ACT TO PROVIDE FOR THE REGISTRATION OF CIVIL PARTNERS AND FOR THE CONSEQUENCES OF THAT REGISTRATION, TO PROVIDE FOR THE RIGHTS AND OBLIGATIONS OF COHABITANTS AND TO PROVIDE FOR CONNECTED MATTERS.<\/p>\n<p>[19th July, 2010]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of Act extended (31.07.2013) by Personal Insolvency Act 2012 (44\/2012), ss. 69(4) and 104(4), S.I. No. 285 of 2013.<\/p>\n<p>Principal private residence in Debt Settlement Arrangement.<\/p>\n<p>69.\u2014 &#8230;<\/p>\n<p>(4) A Debt Settlement Arrangement shall not contain terms providing for a disposal of the debtor\u2018s interest in the principal private residence unless:<\/p>\n<p>(a) the debtor has obtained independent legal advice in relation to such disposal or, having been advised by the personal insolvency practitioner to obtain such legal advice, has declined to do so; and<\/p>\n<p>(b) to the extent that the provisions of the Family Home Protection Act 1976 or the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 apply to the property, all relevant provisions of those Acts are complied with.<\/p>\n<p>&#8230;<\/p>\n<p>Principal private residence in Personal Insolvency Arrangement.<\/p>\n<p>104. \u2014 &#8230;<\/p>\n<p>(4) A Personal Insolvency Arrangement shall not contain terms providing for a disposal of the debtor\u2018s interest in the principal private residence unless\u2014<\/p>\n<p>(a) the debtor has obtained independent legal advice in relation to such disposal or, having been advised by the personal insolvency practitioner to obtain such legal advice, has declined to do so, and<\/p>\n<p>(b) to the extent that the provisions of the Family Home Protection Act 1976 or the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 apply to the property, all relevant provisions of those Acts are complied with.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nCourt may at its discretion discharge a safety, barring, interim barring, emergency barring or protection order when determining annulment or dissolution proceedings under this Act as prescribed (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 15(3)(b), S.I. No. 532 of 2018.<\/p>\n<p>E2<br \/>\nProceedings under Act included in definition of \u201cfamily law proceedings\u201d (1.01.2018) by Mediation Act 2017 (27\/2017, s. 2, S.I. No. 591 of 2017.<\/p>\n<p>E3<br \/>\nCertain disposals made by virtue of or in consequence of an order made under Act on or following a decree of dissolution confirmed exempt from capital gains tax by Taxes Consolidation Act 1997 (39\/1997), s. 1031O(1)(a), as inserted (for year of assessment 2011 and subsequent years of assessment) by Finance (No. 3) Act 2011 (18\/2011), s. 1(1), in effect as per s. 5(8)(c), and substituted (for year of assessment 2011 and subsequent years of assessment) by Finance Act 2013 (8\/2013), s. 103(1)(f), commenced as per s. 103(3)(a).<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title, commencement and collective citation.<\/p>\n<p>1.\u2014 (1) This Act may be cited as the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.<\/p>\n<p>(2) This Act, other than Part 3, shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<p>(3) Part 3 shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order either generally or with reference to a particular purpose or provision.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nPower pursuant to section exercised (23.12.2010 and 1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Commencement) Order 2010 (S.I. No. 648 of 2010).<\/p>\n<p>3. (1) Subject to paragraph (2), the Act shall come into operation on the 1st day of January 2011.<\/p>\n<p>(2) Section 5, and so much of the other provisions of the Act as are necessary for the purposes of giving effect to section 5, shall come into operation on the 23rd day of December 2010.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014 In this Act\u2014<\/p>\n<p>\u201ccivil partnership registration\u201d means registration of a civil partnership under section 59D (as inserted by section 16 of this Act) of the Civil Registration Act 2004;<\/p>\n<p>F1[&#8220;dependent child&#8221; means a child who is\u2014<\/p>\n<p>(a) under the age of 18 years, or<\/p>\n<p>(b) 18 years of age or over and\u2014<\/p>\n<p>(i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or<\/p>\n<p>(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;<\/p>\n<p>&#8220;dependent child of the civil partners&#8221;, in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child\u2014<\/p>\n<p>(a) of both civil partners, or adopted by both civil partners under the Adoption Act 2010, or in relation to whom both civil partners are in loco parentis, or<\/p>\n<p>(b) of either civil partner, or adopted by either civil partner under the Adoption Act 2010, or in relation to whom either civil partner is in loco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;]<\/p>\n<p>\u201cLand Registry\u201d has the meaning assigned to it by the Registration of Title Act 1964;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Law Reform;<\/p>\n<p>\u201cProperty Registration Authority\u201d has the meaning assigned to it by the Registration of Deeds and Title Act 2006;<\/p>\n<p>\u201cRegistry of Deeds\u201d has the meaning assigned to it by the Registration of Deeds and Title Act 2006.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (18.01.2016 and 2.11.2017) by Children and Family Relationships Act 2015 (9\/2015), s. 135, S.I. No. 12 of 2016, art. 3(g) and S.I. No. 474 of 2017, art. 3(c)<\/p>\n<h4>Civil partners.<\/h4>\n<p>3.\u2014 For the purposes of this Act a civil partner is either of two persons of the same sex who are\u2014<\/p>\n<p>(a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or<\/p>\n<p>(b) parties to a legal relationship of a class that is the subject of an order made under section 5 that has not been dissolved or the subject of a decree of nullity.<\/p>\n<p>PART 2<\/p>\n<h4>Status of Civil Partnership<\/h4>\n<h4>Declarations of civil partnership status.<\/h4>\n<p>4.\u2014 (1) The court may, on application to it in that behalf by either of the civil partners or by any other person who, in the opinion of the court, has a sufficient interest in the matter, make one or more of the following orders in relation to a civil partnership:<\/p>\n<p>(a) an order declaring that the civil partnership was at its inception a valid civil partnership;<\/p>\n<p>(b) an order declaring that the civil partnership subsisted on a date specified in the application; and<\/p>\n<p>(c) an order declaring that the civil partnership did not subsist on a date specified in the application other than the date of its inception.<\/p>\n<p>(2) The court may only make an order under subsection (1) if one of the civil partners\u2014<\/p>\n<p>(a) is domiciled in the State on the date of the application,<\/p>\n<p>(b) has been ordinarily resident in the State throughout the period of one year immediately preceding the date of the application, or<\/p>\n<p>(c) died before the date of the application and\u2014<\/p>\n<p>(i) was at the time of death domiciled in the State, or<\/p>\n<p>(ii) had been ordinarily resident in the State throughout the period of one year immediately preceding the date of death.<\/p>\n<p>(3) The other civil partner, the civil partners concerned, or the personal representative within the meaning of the Succession Act 1965 of the civil partner or each civil partner shall be joined in proceedings under this section and the court may order that notice of the proceedings be given to any other person that the court may specify.<\/p>\n<p>(4) Where notice of proceedings under this section is given to a person, the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings.<\/p>\n<p>(5) Where a party to proceedings under this section alleges that the civil partnership concerned is void and should be the subject of a decree of nullity of civil partnership, the court may treat the application under subsection (1) as an application for a decree of nullity of civil partnership and proceed to determine the matter accordingly and postpone the determination of the application made under subsection (1).<\/p>\n<p>(6) An order under subsection (1) is binding on the parties to the proceedings concerned and on a person claiming through such a party.<\/p>\n<p>(7) An order under subsection (1) does not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion.<\/p>\n<p>(8) Rules of court may make provision as to the information to be given in an application for an order under subsection (1), including particulars of any previous or pending proceedings in relation to the civil partnership or to the civil partnership status of a civil partner.<\/p>\n<p>(9) The registrar of the court shall notify an tArd-Chl\u00e1raitheoir of an order under subsection (1).<\/p>\n<p>(10) In this section a reference to a civil partner includes a reference to a person who was a civil partner until the dissolution of the civil partnership or until the civil partnership was annulled by decree of nullity.<\/p>\n<h4>Recognition of registered foreign relationships.<\/h4>\n<p>5.\u2014 (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into\u2014<\/p>\n<p>(a) the relationship is exclusive in nature,<\/p>\n<p>(b) the relationship is permanent unless the parties dissolve it through the courts,<\/p>\n<p>(c) the relationship has been registered under the law of that jurisdiction, and<\/p>\n<p>(d) the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a civil partnership.<\/p>\n<p>F2[(1A) For the purposes of subsection (1), a legal relationship entered into in an embassy or diplomatic mission of a state under the laws of that state shall be deemed to have been entered into in that state.<\/p>\n<p>(1B) Subsection (1A) shall not apply to a legal relationship entered into in an embassy or diplomatic mission in the State on or after 1 January 2011.]<\/p>\n<p>(2) An order under subsection (1) entitles and obliges the parties to the legal relationship to be treated as civil partners under the law of the State from the later of\u2014<\/p>\n<p>(a) the day which is 21 days after the date on which the order is made, and<\/p>\n<p>(b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into.<\/p>\n<p>(3) Notwithstanding subsections (1) and (2), an order made under subsection (1) shall not be construed as entitling parties to a legal relationship otherwise recognised by that order to be treated as civil partners under the law of the State if those parties are within the prohibited degrees of relationship set out in the Third Schedule to the Civil Registration Act 2004 (inserted by section 26).<\/p>\n<p>(4) Where an order is made under subsection (1), a dissolution of a legal relationship under the law of the jurisdiction in which it was entered into, or under the law of any other jurisdiction in respect of which a class of legal relationship has been declared by an order made under that subsection to be entitled to be recognised as a civil partnership, shall be recognised as a dissolution and deemed to be a dissolution under section 110, and any former parties to such a relationship shall not be treated as civil partners under the law of the State from the later of\u2014<\/p>\n<p>(a) the day which is 21 days after the date on which the order is made, and<\/p>\n<p>(b) the day on which the dissolution became effective under the law of the relevant jurisdiction.<\/p>\n<p>(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 36, S.I. No. 357 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower pursuant to section exercised (3.03.2016) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016 (S.I. No. 132 of 2016).<\/p>\n<p>E6<br \/>\nPower pursuant to section exercised (10.12.2013) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013 (S.I. No. 490 of 2013).<\/p>\n<p>E7<br \/>\nPower pursuant to section exercised (10.12.2012) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012 (S.I. No. 505 of 2012).<\/p>\n<p>E8<br \/>\nPower pursuant to section exercised (4.12.2011) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011 (S.I. No. 642 of 2011).<\/p>\n<p>E9<br \/>\nPower pursuant to section exercised (23.12.2010) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010 (S.I. No. 649 of 2010).<\/p>\n<p>E10<br \/>\nPrevious affecting provision: power pursuant to section exercised (19.05.2014) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014 (S.I. No. 212 of 2014); revoked (16.11.2015) by Marriage Act 2015 (35\/2015), s. 12(10), S.I. No. 504 of 2015.<\/p>\n<p>F3[<\/p>\n<h4>Certain registered foreign relationships<\/h4>\n<p>5A.\u2014 Neither section 5, nor any order made (whether before or after the date of the commencement of this section) under section 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement of section 8 of the Marriage Act 2015.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nInserted (16.11.2015) by Marriage Act 2015 (35\/2015) s. 13, S.I. No. 504 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E11<br \/>\nThe section heading is taken from the amending provision in the absence of one included in the amendment.<\/p>\n<p>PART 3<\/p>\n<h4>Registration of Civil Partnership<\/h4>\n<p>Definition, Part 3.<\/p>\n<p>6.\u2014 In this Part, \u201cAct of 2004\u201d means the Civil Registration Act 2004.<\/p>\n<p>Amendment of section 2 of Act of 2004.<\/p>\n<p>7.\u2014 (1) Section 2(1) of the Act of 2004 is amended\u2014<\/p>\n<p>(a) by inserting the following definitions:<\/p>\n<p>\u201c\u2018Act of 2010\u2019 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>\u2018civil partner\u2019 has the meaning assigned to it by the Act of 2010;<\/p>\n<p>\u2018civil partnership registration\u2019 means registration under section 59D;<\/p>\n<p>\u2018civil status\u2019 means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;<\/p>\n<p>\u2018dissolution\u2019 means dissolution of a civil partnership under section 110 of the Act of 2010;\u201d,<\/p>\n<p>(b) by substituting the following definition for the definition \u201cdecree of divorce\u201d:<\/p>\n<p>\u201c\u2018decree of divorce\u2019 has the meaning assigned to it by the Family Law (Divorce) Act 1996;\u201d,<\/p>\n<p>(c) by substituting the following definition for the definition \u201cdecree of nullity\u201d:<\/p>\n<p>\u201c\u2018decree of nullity\u2019\u2014<\/p>\n<p>(a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996, and<\/p>\n<p>(b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;\u201d,<\/p>\n<p>(d) in the definition of \u201cevent\u201d, by substituting \u201cdivorce, decree of nullity, civil partnership registration or dissolution\u201d for \u201cdivorce or decree of nullity\u201d,<\/p>\n<p>(e) in the definition of \u201cregistrar\u201d \u2014<\/p>\n<p>(i) by inserting the following paragraph after paragraph (a):<\/p>\n<p>\u201c(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,\u201d,<\/p>\n<p>(ii) in paragraph (d), by substituting \u201c,\u201d for \u201c, and\u201d, and<\/p>\n<p>(iii) by substituting the following paragraphs for paragraph (e):<\/p>\n<p>\u201c(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,<\/p>\n<p>(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and<\/p>\n<p>(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,\u201d.<\/p>\n<p>(2) Section 2(2) of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in paragraph (d), by substituting \u201c,\u201d for \u201c, or\u201d,<\/p>\n<p>(b) in paragraph (e) by substituting \u201csex, or\u201d for \u201csex.\u201d, and<\/p>\n<p>(c) by inserting the following paragraph after paragraph (e):<\/p>\n<p>\u201c(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.\u201d.<\/p>\n<p>(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2):<\/p>\n<p>\u201c(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if\u2014<\/p>\n<p>(a) the civil partnership would be void by virtue of the Third Schedule,<\/p>\n<p>(b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership,<\/p>\n<p>(c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration,<\/p>\n<p>(d) one or both of the parties to the intended civil partnership does not give free and informed consent,<\/p>\n<p>(e) the parties are not of the same sex, or<\/p>\n<p>(f) one of the parties to the intended civil partnership is, or both are, married.\u201d.<\/p>\n<h4>Amendment of Civil Registration<\/h4>\n<p>Amendment of section 8 of Act of 2004.<\/p>\n<p>8.\u2014 Section 8(1) of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in paragraph (b), by inserting \u201cof marriage\u201d after \u201cnullity\u201d,<\/p>\n<p>(b) by inserting the following paragraphs after paragraph (b):<\/p>\n<p>\u201c(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,<\/p>\n<p>(bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,\u201d,<\/p>\n<p>(c) in paragraph (e), by inserting \u201cof marriage\u201d after \u201cnullity\u201d, and<\/p>\n<p>(d) by inserting the following paragraphs after paragraph (e):<\/p>\n<p>\u201c(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,<\/p>\n<p>(eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,\u201d.<\/p>\n<h4>Amendment of section 13 of Act of 2004.<\/h4>\n<p>9.\u2014 Section 13(1) of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in paragraph (f), by substituting \u201cdecrees of divorce),\u201d for \u201cdecrees of divorce), and\u201d, and<\/p>\n<p>(b) by substituting the following paragraphs for paragraph (g):<\/p>\n<p>\u201c(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),<\/p>\n<p>(h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),<\/p>\n<p>(i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of dissolution), and<\/p>\n<p>(j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil partnerships).\u201d.<\/p>\n<p>Amendment of section 17 of Act of 2004.<\/p>\n<p>10.\u2014 Section 17 of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in paragraph (1)(b), by substituting \u201cdeaths, marriages and civil partnerships\u201d for \u201cdeaths and marriages\u201d, and<\/p>\n<p>(b) in subsection (13), by substituting \u201c, marriages and civil partnerships\u201d for \u201cand marriages\u201d.<\/p>\n<p>Amendment of section 22 of Act of 2004.<\/p>\n<p>11.\u2014 Section 22(3)(b) of the Act of 2004 is amended by inserting \u201cof marriage\u201d after \u201cnullity\u201d.<\/p>\n<p>Amendment of section 23 of Act of 2004.<\/p>\n<p>12.\u2014 Section 23(3)(b) of the Act of 2004 is amended by inserting \u201cof marriage\u201d after \u201cnullity\u201d.<\/p>\n<p>Amendment of section 37 of Act of 2004.<\/p>\n<p>13.\u2014 Section 37 of the Act of 2004 is amended by inserting \u201cor civil partner\u201d after \u201crelative\u201d wherever it occurs.<\/p>\n<p>Amendment of section 46 of Act of 2004.<\/p>\n<p>14.\u2014 Section 46(7) of the Act of 2004 is amended by substituting \u201ccivil status\u201d for \u201cmarital status\u201d.<\/p>\n<p>Amendment of section 59 of Act of 2004.<\/p>\n<p>15.\u2014 Section 59(2) of the Act of 2004 is amended by inserting \u201cof marriage\u201d after \u201cnullity\u201d wherever it appears.<\/p>\n<p>Insertion of new Part 7A of Act of 2004.<\/p>\n<p>16.\u2014 The Act of 2004 is amended by inserting the following Part after section 59:<\/p>\n<p>\u201cPART 7A<\/p>\n<h4>Registration of Civil Partnerships<\/h4>\n<h4>Definitions (Part 7A).<\/h4>\n<p>59A.\u2014 In this Part\u2014<\/p>\n<p>\u2018civil partnership registration form\u2019 means a form prescribed under section 59C;<\/p>\n<p>\u2018register\u2019 means the register of civil partnerships.<\/p>\n<h4>Notification of civil partnerships.<\/h4>\n<p>59B.\u2014 (1) A civil partnership registered in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned\u2014<\/p>\n<p>(a) notify any registrar in writing in a form for the time being standing approved by an tArd-Chl\u00e1raitheoir of their intention to enter into a civil partnership not less than 3 months prior to the date on which the civil partnership is to be registered, and<\/p>\n<p>(b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or a lesser number of days that may be determined by that registrar) before that date and make and sign a declaration in his or her presence that there is no impediment to the registration of the civil partnership.<\/p>\n<p>(2) Notwithstanding paragraph (a) of subsection (1), the Circuit Court or the High Court may, on application to it by the persons wishing to enter into a civil partnership, order that the registration be exempt from that paragraph if the Court is satisfied, after a hearing held otherwise than in public, that there are serious reasons for the exemption and that the exemption is in the interests of those persons.<\/p>\n<p>(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended civil partnership concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the civil partnership concerned is intended to be registered is situate.<\/p>\n<p>(4) A court fee shall not be charged in respect of an application under subsection (2).<\/p>\n<p>(5) Except in the circumstances that may be prescribed, a notification referred to in paragraph (1)(a) shall be delivered by both of the parties to the intended civil partnership, in person, to the registrar.<\/p>\n<p>(6) The notification shall be accompanied by the prescribed fee and any other documents and information that an tArd-Chl\u00e1raitheoir may specify.<\/p>\n<p>(7) The requirements specified in subsections (1) and (5) are declared to be substantive requirements for registering a civil partnership.<\/p>\n<p>(8) When, in relation to an intended civil partnership, a registrar receives a notification under paragraph (1)(a) and any other documents or information specified under subsection (6), he or she shall, as soon as reasonably practicable, notify in writing each of the parties to the intended civil partnership and the registrar who is to register the civil partnership of the receipt.<\/p>\n<p>(9) A notification under subsection (8) shall not be construed as indicating the registrar\u2019s approval of the proposed civil partnership.<\/p>\n<p>(10) The registrar may require each party to an intended civil partnership to provide him or her with the evidence relating to that party\u2019s forename, surname, address, civil status, age and nationality that an tArd-Chl\u00e1raitheoir may specify.<\/p>\n<p>(11) An tArd-Chl\u00e1raitheoir may, if so authorised by the Minister, publish, in the form and manner that the Minister may direct, notice of notifications of intended civil partnerships under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended civil partnership.<\/p>\n<h4>Civil partnership registration form.<\/h4>\n<p>59C.\u2014 (1) A registrar to whom a notification is given under section 59B, or who receives a copy of an exemption order under subsection (2) of that section, who is satisfied that that section has been complied with shall complete a civil partnership registration form for the intended civil partnership.<\/p>\n<p>(2) Before the registration of a civil partnership, the registrar shall give a copy of the civil partnership registration form to one of the parties to the intended civil partnership.<\/p>\n<p>(3) When the parties wish to register a civil partnership, one of them shall give the civil partnership registration form to the registrar who is to register the civil partnership for examination by him or her.<\/p>\n<p>(4) A civil partnership registration form is valid only for a period of 6 months from the date on which it is completed. If the parties do not register the civil partnership during that period and wish to have their civil partnership registered, they shall again comply with section 59B.<\/p>\n<p>(5) The Minister may prescribe the civil partnership registration form.<\/p>\n<h4>Civil partnership registration.<\/h4>\n<p>59D.\u2014 (1) The parties shall orally make the declarations referred to in subsection (3), and sign the civil partnership registration form in the presence of each other, the registrar and two witnesses professing to be 18 years or over. The declarations shall be made and the signature of the civil partnership registration form shall be in a place that is open to the public, unless an tArd-Chl\u00e1raitheoir or a superintendent registrar\u2014<\/p>\n<p>(a) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the parties is too ill to attend at a place that is open to the public, and<\/p>\n<p>(b) gives approval to the registrar that signature of the form take place at another place chosen by the parties and agreed to by the registrar.<\/p>\n<p>(2) The registrar shall be satisfied that the parties understand the nature of the civil partnership and the declarations specified in subsection (3).<\/p>\n<p>(3) Each party to the civil partnership shall make the following declarations:<\/p>\n<p>(a) a declaration that he or she does not know of any impediment to the civil partnership registration;<\/p>\n<p>(b) a declaration of his or her intention to live with and support the other party; and<\/p>\n<p>(c) a declaration that he or she accepts the other party as a civil partner in accordance with the law.<\/p>\n<p>(4) The requirements of subsections (1) to (3) are declared to be substantive requirements for civil partnership registration.<\/p>\n<p>(5) The parties may, before signing the civil partnership registration form, take part in a ceremony in a form approved by an tArd-Chl\u00e1raitheoir in which the declarations are made in a place open to the public and in the presence of the registrar and the witnesses.<\/p>\n<p>(6) (a) The witnesses shall sign the form after the parties to the civil partnership have done so, and the registrar shall countersign the form.<\/p>\n<p>(b) The parties\u2019 civil partnership shall be taken to be registered upon the counter-signature of the registrar.<\/p>\n<p>(c) As soon as practicable after the signatures and counter-signature, the registrar shall give the parties a copy of the form referred to in paragraph (a), enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>(7) Where an tArd-Chl\u00e1raitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar\u2014<\/p>\n<p>(a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and<\/p>\n<p>(b) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>(8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.<\/p>\n<p>(9) Where an tArd-Chl\u00e1raitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)\u2014<\/p>\n<p>(a) an tArd-Chl\u00e1raitheoir shall direct a registrar to cancel the entry,<\/p>\n<p>(b) the registrar shall cancel the entry, and<\/p>\n<p>(c) an tArd-Chl\u00e1raitheoir shall notify the parties.<\/p>\n<h4>Places and times for registration of civil partnerships.<\/h4>\n<p>59E.\u2014 (1) A civil partnership may be registered only at a place and time chosen by the parties to the civil partnership with the agreement of the registrar and, if the place chosen is not the office of a registrar or a place referred to in section 59D(1)(b), the approval of the place by the Executive, and the question whether to give or withhold the approval, shall be determined by the Executive by reference to the matters that the Minister may specify.<\/p>\n<p>(2) Where a registrar registers a civil partnership at a place other than the office of a registrar, the parties shall pay to the registrar a fee in the amount that the Executive may determine.<\/p>\n<p>(3) When a registrar incurs travel or subsistence expenses in connection with registering a civil partnership at a place other than his or her office, the parties shall pay to the registrar an amount in respect of the expenses, calculated by reference to a scale that the Executive may draw up.<\/p>\n<p>(4) An amount payable under subsection (2) or (3) may be recovered by the registrar from the parties as a simple contract debt in any court of competent jurisdiction.<\/p>\n<h4>Objections.<\/h4>\n<p>59F.\u2014 (1) A person may, at any time before a civil partnership registration, lodge with any registrar an objection in writing that contains the grounds on which the objection is based.<\/p>\n<p>(2) If the registrar who receives an objection under subsection (1) is not assigned to the same registration area as the registrar to whom the notification was given under section 59B (or, where there has been an exemption ordered under subsection (2) of that section, the registrar who is to register the civil partnership)\u2014<\/p>\n<p>(a) the receiving registrar shall refer the objection to the Superintendent Registrar of the registration area to which the other registrar is assigned,<\/p>\n<p>(b) the Superintendent Registrar shall direct a registrar assigned to that area to perform the function conferred by this section on the receiving registrar,<\/p>\n<p>(c) the registrar who receives the direction shall comply with it, and<\/p>\n<p>(d) references in this section to the registrar who receives an objection shall be construed as references to the registrar who receives the direction and this section shall apply and have effect accordingly.<\/p>\n<p>(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 59B which would not constitute an impediment to the civil partnership, the registrar shall\u2014<\/p>\n<p>(a) notify the parties to the intended civil partnership registration of the objection,<\/p>\n<p>(b) make the appropriate enquiries,<\/p>\n<p>(c) if the civil partnership registration form has been given to one of the parties, request its return and correct it and the notification and make any necessary corrections to any other records relating to the civil partnership, and<\/p>\n<p>(d) give the corrected civil partnership registration form to one of the parties to the civil partnership.<\/p>\n<p>(4) If the registrar who receives an objection under subsection (1) believes that the possibility of the existence of an impediment to the intended civil partnership registration needs to be investigated, he or she shall refer the objection to an tArd-Chl\u00e1raitheoir for consideration and, pending the decision of an tArd-Chl\u00e1raitheoir, he or she shall\u2014<\/p>\n<p>(a) notify the parties to the intended civil partnership registration that\u2014<\/p>\n<p>(i) an objection has been lodged and the grounds on which it is based,<\/p>\n<p>(ii) the objection is being investigated, and<\/p>\n<p>(iii) the civil partnership registration will not proceed until the investigation is completed,<\/p>\n<p>(b) if the civil partnership registration form has not been issued, suspend its issue,<\/p>\n<p>(c) if the civil partnership registration form has been issued, request the party to the intended civil partnership registration to whom it was given to return it to the registrar, and<\/p>\n<p>(d) notify the proposed registrar of the civil partnership, if a different registrar is intended to register the civil partnership, that an objection is being investigated, and direct him or her not to register the civil partnership until the investigation is completed.<\/p>\n<p>(5) A registrar shall comply with a direction under paragraph (4)(d).<\/p>\n<p>(6) Where an objection is referred to an tArd-Chl\u00e1raitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.<\/p>\n<p>(7) In a case referred to in subsection (4), if an tArd-Chl\u00e1raitheoir decides that no impediment to the intended civil partnership exists, he or she shall advise the registrar to that effect and the registrar shall\u2014<\/p>\n<p>(a) notify the parties to the civil partnership that no impediment to the civil partnership exists,<\/p>\n<p>(b) issue or re-issue the civil partnership registration form to one of those parties, and<\/p>\n<p>(c) notify the person who lodged the objection that no impediment to the civil partnership exists.<\/p>\n<p>(8) In a case referred to in subsection (4), if an tArd-Chl\u00e1raitheoir decides that there is an impediment to the intended civil partnership, he or she shall advise the registrar to that effect and of the reasons for the decision and the registrar shall\u2014<\/p>\n<p>(a) notify the parties to the civil partnership\u2014<\/p>\n<p>(i) that the registration of the civil partnership will not proceed, and<\/p>\n<p>(ii) of the decision of an tArd-Chl\u00e1raitheoir and of the reasons for it,<\/p>\n<p>and<\/p>\n<p>(b) take all reasonable steps to ensure that the registration does not proceed.<\/p>\n<p>(9) If, notwithstanding the steps taken by the registrar pursuant to paragraph (8)(b), the civil registration proceeds, the entry in the register is invalid and any person who becomes aware of that entry into the register shall notify an tArd-Chl\u00e1raitheoir of it.<\/p>\n<p>(10) When an tArd-Chl\u00e1raitheoir becomes aware of an entry referred to in subsection (9)\u2014<\/p>\n<p>(a) an tArd-Chl\u00e1raitheoir shall direct a registrar to cancel the entry and notify the parties and the registrar who made the entry of the direction, and<\/p>\n<p>(b) the registrar shall comply with the direction and cancel the entry and ensure that the cancelled entry is retained in the register.<\/p>\n<p>(11) A party to a proposed civil partnership may appeal to the Circuit Court against the decision of an tArd-Chl\u00e1raitheoir under subsection (8) in relation to the civil partnership.<\/p>\n<p>(12) The jurisdiction conferred on the Circuit Court by subsection (11) may be exercised by a judge of the circuit in which either of the parties to the intended civil partnership ordinarily resides or carries on any profession, business or occupation or the place at which civil partnership concerned had been intended to be registered is situate.<\/p>\n<p>(13) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chl\u00e1raitheoir may, if he or she considers it appropriate to do so, investigate or complete his or her investigation of the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.<\/p>\n<p>(14) An objection on the ground that the civil partnership would be void by virtue of the incapacity of one or both of the parties to give informed consent shall be accompanied by a certificate supporting the objection made by a registered medical practitioner.<\/p>\n<h4>Where interpretation required.<\/h4>\n<p>59G.\u2014 If a party or a witness to a civil partnership registration does not have sufficient knowledge of the language of the registration to understand the registration documents or the declarations, the parties shall have an interpreter present who shall\u2014<\/p>\n<p>(a) before the parties make the declarations, sign, in the presence of the registrar, a statement to the effect that the interpreter understands and is able to converse in the language in respect of which he or she is to act as interpreter and give the statement to the registrar, and<\/p>\n<p>(b) immediately after those declarations are made, give the registrar a signed certificate written in the language of the registration, to the effect that the interpreter has faithfully acted as interpreter.<\/p>\n<h4>Effect of registration.<\/h4>\n<p>59H.\u2014 The parties to a registered civil partnership shall be taken to be civil partners of each other as soon as the registrar has countersigned the civil partnership form as required by section 59D(6)(a), regardless of whether the registrar has performed the actions required of him or her under section 59D(6)(c), and all duties and benefits that accrue to civil partners under the Act of 2010 or any other law accrue to them.<\/p>\n<p>Effect of this Part.<\/p>\n<p>59I.\u2014 This Part shall have effect notwithstanding any statutory provision that conflicts with it.\u201d.<\/p>\n<p>Insertion of new Part 7B of Act of 2004.<\/p>\n<p>17.\u2014 The Act of 2004 is amended by inserting the following Part before section 60:<\/p>\n<p>\u201cPART 7B<\/p>\n<h4>Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership<\/h4>\n<p>Registration of decrees of dissolution and decrees of nullity of civil partnership.<\/p>\n<p>59J.\u2014 (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule.<\/p>\n<p>(2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule.<\/p>\n<p>(3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2).<\/p>\n<p>(4) The Courts Service shall notify an tArd-Chl\u00e1raitheoir of an amendment or cancellation under subsection (3).<\/p>\n<p>(5) This section has effect notwithstanding any statutory provision that conflicts with it.\u201d.<\/p>\n<p>Amendment of section 60 of Act of 2004.<\/p>\n<p>18.\u2014 Section 60(1) of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in paragraph (a), by substituting \u201cdeath, marriage or civil partnership\u201d for \u201cdeath or marriage\u201d, and<\/p>\n<p>(b) by inserting \u201c, the parties to the civil partnership\u201d before \u201cor the person\u201d.<\/p>\n<p>Amendment of section 64 of Act of 2004.<\/p>\n<p>19.\u2014 Section 64 of the Act of 2004 is amended by inserting the following subsections after subsection (7):<\/p>\n<p>\u201c(8) If an tArd-Chl\u00e1raitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)\u2014<\/p>\n<p>(a) an tArd-Chl\u00e1raitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and<\/p>\n<p>(b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.<\/p>\n<p>(9) The classes referred to in subsection (8) are:<\/p>\n<p>(a) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) of that section); and<\/p>\n<p>(b) a civil partnership to which there was an impediment within the meaning of section 2(2A).\u201d.<\/p>\n<p>Amendment of section 65 of Act of 2004.<\/p>\n<p>20.\u2014 Section 65(1)(a) of the Act of 2004 is amended by substituting \u201cdeath, marriage or civil partnership\u201d, for \u201cdeath or marriage\u201d.<\/p>\n<p>Amendment of section 66 of Act of 2004.<\/p>\n<p>21.\u2014 Section 66(1) of the Act of 2004 is amended by substituting \u201cmarriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership\u201d for \u201cmarriages, decrees of divorce, or decrees of nullity\u201d.<\/p>\n<p>Amendment of section 69 of Act of 2004.<\/p>\n<p>22.\u2014 Section 69 of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in subsection (4), by inserting \u201c, civil partnership\u201d after \u201cmarriage\u201d,<\/p>\n<p>(b) by inserting the following subsection after subsection (9):<\/p>\n<p>\u201c(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.\u201d,<\/p>\n<p>(c) in subsection (10)\u2014<\/p>\n<p>(i) by inserting the following paragraph after paragraph (f):<\/p>\n<p>\u201c(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section),\u201d,<\/p>\n<p>(ii) by inserting in paragraph (h) \u201cor 59F\u201d after \u201c58\u201d,<\/p>\n<p>(iii) by inserting in paragraph (i) \u201c, or 59B(1)(b)\u201d after \u201c46(1)(b)\u201d,<\/p>\n<p>(iv) by substituting in paragraph (i), \u201cfalse or misleading,\u201d for \u201cfalse or misleading, or\u201d,<\/p>\n<p>(v) by substituting in paragraph (j) \u201cform, or\u201d for \u201cform,\u201d, and<\/p>\n<p>(vi) by inserting the following paragraph after paragraph (j):<\/p>\n<p>\u201c(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,\u201d.<\/p>\n<p>Amendment of section 70 of Act of 2004.<\/p>\n<p>23.\u2014 Section 70(2) of the Act of 2004 is amended by substituting \u201c(9), (9A),\u201d for \u201c(9),\u201d.<\/p>\n<p>Amendment of section 73 of Act of 2004.<\/p>\n<p>24.\u2014 Section 73 of the Act of 2004 is amended\u2014<\/p>\n<p>(a) in subsection (1)\u2014<\/p>\n<p>(i) by inserting the following paragraph after paragraph (d):<\/p>\n<p>\u201c(dd) civil partnerships,\u201d;<\/p>\n<p>(ii) by inserting \u201cof marriage\u201d after \u201cnullity\u201d in paragraph (f);<\/p>\n<p>(iii) by inserting the following paragraphs after paragraph (f):<\/p>\n<p>\u201c(ff) decrees of dissolution,<\/p>\n<p>(fff) decrees of nullity of civil partnership,\u201d,<\/p>\n<p>(b) in paragraph (3)(a), by inserting \u201cof marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,\u201d after \u201cnullity\u201d wherever it appears, and<\/p>\n<p>(c) in subsection (7), by inserting \u201cof marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,\u201d after \u201cnullity\u201d.<\/p>\n<p>Amendment of First Schedule to Act of 2004.<\/p>\n<p>25.\u2014 The First Schedule to the Act of 2004 is amended\u2014<\/p>\n<p>(a) by substituting \u201ccivil status\u201d for \u201cmarital status\u201d wherever it appears,<\/p>\n<p>(b) in Part 5, by substituting \u201cIf deceased was married or a civil partner, the profession or occupation of spouse or civil partner.\u201d for \u201cIf deceased was married, the profession or occupation of spouse.\u201d,<\/p>\n<p>(c) by inserting the following Part after Part 6:<\/p>\n<p>\u201cPART 6A<\/p>\n<p>Section 59J.<\/p>\n<h4>Particulars to be Entered in Register of Dissolutions<\/h4>\n<p>Court by which the decree was granted.<\/p>\n<p>Year and record number of the proceedings.<\/p>\n<p>Forenames, surnames and birth surnames of the parties to the proceedings.<\/p>\n<p>Personal public service numbers of the parties to the proceedings.<\/p>\n<p>Date and place of civil partnership registration.<\/p>\n<p>Date of the decree.<\/p>\n<p>Date of registration of the decree.<\/p>\n<p>Forenames and surname of officer of Courts Service.\u201d,<\/p>\n<p>(d) by inserting \u201cof Marriage\u201d at the end of the title to Part 7, and<\/p>\n<p>(e) by inserting the following Part after Part 7:<\/p>\n<p>\u201cPART 7A<\/p>\n<p>Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership<\/p>\n<p>Section 59J.<\/p>\n<p>Court by which the decree was granted.<\/p>\n<p>Year and record number of the proceedings.<\/p>\n<p>Forenames, surnames and birth surnames of the parties to the proceedings.<\/p>\n<p>Personal public service numbers of the parties to the proceedings.<\/p>\n<p>Date and place of civil partnership registration.<\/p>\n<p>Declaration of court.<\/p>\n<p>Date of the decree.<\/p>\n<p>Date of registration.<\/p>\n<p>Forenames and surname of officer of Courts Service.\u201d.<\/p>\n<p>New Third Schedule to Act of 2004.<\/p>\n<p>26.\u2014 The Act of 2004 is amended by inserting the following Schedule after the Second Schedule:<\/p>\n<p>\u201cTHIRD SCHEDULE<\/p>\n<h4>Prohibited Degrees of Relationship<\/h4>\n<p>Section 2.<\/p>\n<p>A person may not enter a civil partnership with someone within the prohibited degrees of relationship, as set out in the table below. Relationships within that table should be construed as including relationships in the half-blood (e.g. sibling includes a sibling where there is only one parent in common, etc.), and all the relationships include relationships and former relationships by adoption.<\/p>\n<p>A man may not enter a civil partnership with his:<\/p>\n<p>A woman may not enter a civil partnership with her:<\/p>\n<p>Grandfather<\/p>\n<p>Grandmother<\/p>\n<p>Grandparent\u2019s brother<\/p>\n<p>Grandparent\u2019s sister<\/p>\n<p>Father<\/p>\n<p>Mother<\/p>\n<p>Father\u2019s brother<\/p>\n<p>Mother\u2019s sister<\/p>\n<p>Mother\u2019s brother<\/p>\n<p>Father\u2019s sister<\/p>\n<p>Brother<\/p>\n<p>Sister<\/p>\n<p>Nephew<\/p>\n<p>Niece<\/p>\n<p>Son<\/p>\n<p>Daughter<\/p>\n<p>Grandson<\/p>\n<p>Granddaughter<\/p>\n<p>Grandnephew<\/p>\n<p>Grandniece<\/p>\n<p>\u201d.<\/p>\n<p>PART 4<\/p>\n<h4>Shared Home Protection<\/h4>\n<p>Interpretation.<\/p>\n<p>27.\u2014 In this Part\u2014<\/p>\n<p>\u201cconduct\u201d includes an act and a default or other omission;<\/p>\n<p>\u201cconveyance\u201d includes a mortgage, lease, assent, transfer, disclaimer, release, another disposition of property otherwise than by a will or a donatio mortis causa, and an enforceable agreement, whether conditional or unconditional, to make one of those conveyances;<\/p>\n<p>\u201cdwelling\u201d means a building or part of a building occupied as a separate dwelling and includes\u2014<\/p>\n<p>(a) a garden or other land usually occupied with the building that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes,<\/p>\n<p>(b) a structure that is not permanently attached to the ground, and<\/p>\n<p>(c) a vehicle or vessel, whether mobile or not, occupied as a separate dwelling;<\/p>\n<p>\u201cinterest\u201d means any estate, right, title or other interest, legal or equitable;<\/p>\n<p>\u201cmortgage\u201d includes an equitable mortgage, a charge on registered land and a chattel mortgage;<\/p>\n<p>\u201crent\u201d includes a conventional rent, a rentcharge within the meaning of section 2(1) of the Statute of Limitations 1957 and a terminable annuity payable in respect of a loan for the purchase of a shared home;<\/p>\n<p>\u201cshared home\u201d means\u2014<\/p>\n<p>(a) subject to paragraph (b), a dwelling in which the civil partners ordinarily reside; and<\/p>\n<p>(b) in relation to a civil partner whose protection is in issue, the dwelling in which that civil partner ordinarily resides or, if he or she has left the other civil partner, in which he or she ordinarily resided before leaving.<\/p>\n<h4>Alienation of interest in shared home.<\/h4>\n<p>28.\u2014 (1) Where a civil partner, without the prior consent in writing of the other civil partner, purports to convey an interest in the shared home to a person except the other civil partner, then, subject to subsections (2), (3), and (8) to (14) and section 29, the purported conveyance is void.<\/p>\n<p>(2) Subsection (1) does not apply to a conveyance if it is made by a civil partner in pursuance of an enforceable agreement made before the civil partners\u2019 registration of their civil partnership.<\/p>\n<p>(3) A conveyance is not void by reason only of subsection (1) if\u2014<\/p>\n<p>(a) it is made to a purchaser for full value,<\/p>\n<p>(b) it is made by a person other than the civil partner to a purchaser for value, or<\/p>\n<p>(c) its validity depends on the validity of a conveyance in respect of which a condition mentioned in subsection (2) or paragraph (a) or (b) is satisfied.<\/p>\n<p>(4) If any question arises in any proceedings as to whether a conveyance is valid by reason of subsection (2) or (3), the burden of proving the validity is on the person alleging it.<\/p>\n<p>(5) In subsection (3), \u201cfull value\u201d means value that amounts or approximates to the value of that for which it is given.<\/p>\n<p>(6) In this section, \u201cpurchaser\u201d means a grantee, lessee, assignee, mortgagee, chargeant or other person who in good faith acquires an estate or interest in property.<\/p>\n<p>(7) For the purposes of this section, section 3 of the Conveyancing Act 1882 shall be read as if the words \u201cas such\u201d wherever they appear in paragraph (ii) of subsection (1) of that section were omitted.<\/p>\n<p>(8) Subject to subsection (9), proceedings may only be instituted to have a conveyance declared void by reason only of subsection (1) if they are instituted before the expiration of 6 years from the date of the conveyance.<\/p>\n<p>(9) Proceedings referred to in subsection (8) may be instituted by a civil partner who was in actual occupation of the shared home during the whole period that begins with the date of the conveyance and ends immediately before the institution of the proceedings, even if 6 years have expired from the date of the conveyance.<\/p>\n<p>(10) Subsection (8) is without prejudice to the rights of civil partners to seek redress for contraventions of subsection (1) otherwise than by proceedings referred to in that subsection.<\/p>\n<p>(11) A conveyance is deemed not to be and never to have been void by reason of subsection (1) unless\u2014<\/p>\n<p>(a) it has been declared void by a court by reason of subsection (1) in proceedings instituted in accordance with subsection (8) on or after the date on which this section commences, or<\/p>\n<p>(b) subject to the rights of any other person concerned, it is void by reason of subsection (1) and the parties to the conveyance or their successors in title so state in writing before the expiration of 6 years from the date of the conveyance.<\/p>\n<p>(12) A copy of a statement made for the purpose of paragraph (b) of subsection (11) and certified by the parties concerned or their successors in title to be a true copy shall, before the expiration of the 6 years referred to in that paragraph, be lodged by the parties or their successors with the Property Registration Authority for registration in the Land Registry or Registry of Deeds as appropriate.<\/p>\n<p>(13) A person who institutes proceedings to have a conveyance declared void by reason of subsection (1) shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Judgements (Ireland) Act 1844 in any form that the rules of court may provide.<\/p>\n<p>(14) A general consent given in writing by a civil partner, after the commencement of this section, to any future conveyance of any interest in a shared home or a former shared home is deemed, for the purposes of subsection (1), to be a prior consent in writing if the deed for the conveyance is executed after the date of the consent.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\nCharging orders made under Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (28\/2022) or charges arising under them confirmed not conveyances for purposes of section (22.06.2023) by Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (28\/2022), s. 34(6), S.I. No. 321 of 2023.<\/p>\n<p>E13<br \/>\nCharging orders made under Nursing Homes Support Scheme Act 2009 (15\/2009), s. 14B(1) or mortgages arising thereunder confirmed not conveyances for purposes of section by Nursing Homes Support Scheme Act 2009 (15\/2009), s. 14B(8), as inserted (20.10.2021) by Nursing Homes Support Scheme (Amendment) Act 2021 (27\/2021), s. 4, commenced as per s. 33(2).<\/p>\n<p>E14<br \/>\nCharging orders made under Housing (Miscellaneous Provisions) Act 2014 (21\/2014), s. 26, and charges arising under such orders confirmed not conveyances for purposes of section (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21\/2014), s. 26(12), S.I. No. 482 of 2015.<\/p>\n<h4>Consent of civil partner.<\/h4>\n<p>29.\u2014 (1) Where the civil partner whose consent is required under section 28 omits or refuses to consent, the court may, subject to this section, dispense with the consent.<\/p>\n<p>(2) The court shall not dispense with the consent unless the court considers that it is unreasonable for the civil partner to withhold consent, taking into account all the circumstances, including\u2014<\/p>\n<p>F4[(a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and]<\/p>\n<p>(b) in a case where the civil partner whose consent is required is offered alternative accommodation, the suitability of that accommodation having regard to the respective degrees of security of tenure in the shared home and the alternative accommodation.<\/p>\n<p>(3) The court shall dispense with the consent of a civil partner whose consent is required if\u2014<\/p>\n<p>(a) the civil partner cannot be found after reasonable inquiries, and<\/p>\n<p>(b) the court is of the opinion that it would be reasonable to do so.<\/p>\n<p>(4) The court may give the consent on behalf of a civil partner whose consent is required if\u2014<\/p>\n<p>(a) a consultant psychiatrist, within the meaning of the Mental Health Act 2001, certifies that the civil partner is incapable of giving consent, and<\/p>\n<p>(b) the court is of the opinion that it would be reasonable to do so.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 136, S.I. No. 12 of 2016.<\/p>\n<h4>Conduct leading to loss of shared home.<\/h4>\n<p>30.\u2014 (1) Where it appears to the court, on the application of a civil partner, that the other civil partner is engaging in conduct that might lead to the loss of any interest in the shared home or might render it unsuitable for habitation as a shared home, with the intention of F5[depriving the applicant or a dependent child of the civil partners of his or her residence] in the shared home, the court may make any order that it considers proper, directed to the other civil partner or to any other person, for the protection of the shared home F5[in the interest of the applicant or such child].<\/p>\n<p>(2) Where it appears to the court, on the application of a civil partner, that the other civil partner has F5[deprived the applicant or a dependent child of the civil partners of his or her residence] in the shared home by conduct that resulted in the loss of any interest in it or rendered it unsuitable for habitation as a shared home, the court may order the other civil partner or any other person to pay to the applicant the amount that the court considers proper F5[to compensate the applicant or such child] for their loss or make any other order directed to the other civil partner or to any other person that may appear to the court to be just and equitable.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 137, S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nPower of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.<\/p>\n<h4>Payment of outgoings on shared home.<\/h4>\n<p>31.\u2014 (1) Any payment or tender made or any other thing done by one civil partner in or towards satisfaction of any liability of the other civil partner in respect of rent, mortgage payments or other outgoings affecting the shared home shall be as good as if made or done by the other civil partner, and shall be treated by the person to whom the payment is made or the thing is done as though it were made or done by the other civil partner.<\/p>\n<p>(2) Nothing in subsection (1) affects any claim by the first-mentioned civil partner against the other to an interest in the shared home by virtue of the payment made or thing done.<\/p>\n<h4>Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.<\/h4>\n<p>32.\u2014 (1) The court may adjourn proceedings in an action brought by a mortgagee or lessor in relation to non-payment against a civil partner and claiming possession or sale of the shared home if it appears to the court that\u2014<\/p>\n<p>(a) the other civil partner is capable of paying to the mortgagee or lessor the arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease) of money due under the mortgage or lease within a reasonable time, and future periodical payments falling due under the mortgage or lease, and that the other civil partner desires to pay the arrears and periodical payments, and<\/p>\n<p>(b) it would be just and equitable to do so, in all the circumstances and having regard to the interests of the mortgagee or lessor, the respective interests of the civil partners and the terms of the mortgage or lease.<\/p>\n<p>(2) In considering whether to adjourn the proceedings under this section, and if so, for what period and on what terms, the court shall have regard in particular to whether the other civil partner has been informed, by or on behalf of the mortgagee or lessor or otherwise, of the non-payment of any of the sums in question.<\/p>\n<h4>Modification of terms of mortgage or lease as to payment of capital sum.<\/h4>\n<p>33.\u2014 The court may by order declare, on application by a civil partner, that a term of a mortgage or lease by virtue of which a sum is due, other than periodical payments due under the mortgage or lease, is of no effect for the purpose of proceedings under section 32, if, after the proceedings have been adjourned under that section it appears to the court that\u2014<\/p>\n<p>(a) all arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease or money due under the mortgage or lease) and periodical payments due as of the date of the order have been paid off, and<\/p>\n<p>(b) the periodical payments subsequently falling due will continue to be paid.<\/p>\n<h4>Restriction on disposal of household chattels.<\/h4>\n<p>34.\u2014 (1) The court may, on the application of a civil partner, by order prohibit, on the terms it may see fit, the other civil partner from disposing of or removing household chattels, if the court is of the opinion that there are reasonable grounds to believe that the other civil partner intends to do so and that it would F6[make it difficult for the applicant or a dependent child of the civil partners to reside] in the shared home without undue hardship if the household chattels were disposed of or removed.<\/p>\n<p>(2) Where proceedings for the dissolution of a civil partnership have been instituted by a civil partner, neither civil partner shall sell, lease, pledge, charge or otherwise dispose of or remove any of the household chattels in the shared home until the proceedings have been finally determined, unless\u2014<\/p>\n<p>(a) the other civil partner has consented to the disposition or removal, or<\/p>\n<p>(b) the court before which the proceedings have been instituted, on application by the civil partner who desires to make the disposition or removal, permits the civil partner to do so, with or without conditions.<\/p>\n<p>(3) Without prejudice to any other civil or criminal liability, a civil partner who contravenes subsection (2) commits an offence and is liable on summary conviction to F7[a class D fine] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(4) The court may order, on the application of a civil partner, that the other civil partner provide household chattels or a sum of money to the applicant, so as to F6[place the applicant or a dependent child of the civil partners] as nearly as possible in the position that prevailed before\u2014<\/p>\n<p>(a) the other civil partner contravened an order under subsection (1) or (2), or<\/p>\n<p>(b) the other civil partner sold, leased, pledged, charged or otherwise disposed of or removed the number or proportion of the household chattels in the shared home that made or is likely to F6[make it difficult for the applicant or a dependent child of the civil partners to reside] in the shared home without undue hardship.<\/p>\n<p>(5) In proceedings under this section, the court may make an order that appears to it to be proper in the circumstances, directed to a third person who has been informed in writing by a civil partner before the proceedings were taken, with respect to a proposed disposition to the third person by the other civil partner.<\/p>\n<p>(6) For the purposes of this section, \u201chousehold chattels\u201d means personal property ordinarily used in a household and includes garden effects and domestic animals, but does not include money or any chattels used by either civil partner for business or professional purposes.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 138, S.I. No. 12 of 2016.<\/p>\n<p>F7<br \/>\nSubstituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 61(a), commenced on enactment. A class D fine means a fine not greater than \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(1), S.I. No. 662 of 2010.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nApplication of section extended (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 14, S.I. No. 532 of 2018.<\/p>\n<h4>Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/h4>\n<p>14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply\u2014<\/p>\n<p>(a) between the making of the application for the order and its determination, and<\/p>\n<p>(b) if that order is made, while that order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.<\/p>\n<p>(2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E16<br \/>\nPower of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.<\/p>\n<h4>Joinder of parties.<\/h4>\n<p>35.\u2014 In any proceedings under or referred to in this Part, each of the civil partners as well as any third person who has or may have an interest in the proceedings may be joined\u2014<\/p>\n<p>(a) by service of a third-party notice by an existing party to the proceedings, or<\/p>\n<p>(b) by direction of the court.<\/p>\n<h4>Registration of notice of existence of civil partnership.<\/h4>\n<p>36.\u2014 (1) A civil partner may lodge with the Property Registration Authority a notice stating that he or she is the civil partner of a person having an interest in property or land.<\/p>\n<p>(2) A notice under subsection (1) shall be registered in the Registry of Deeds or Land Registry, as appropriate.<\/p>\n<p>(3) No stamp duty or fee shall be payable in respect of any such notice.<\/p>\n<p>(4) The fact that notice of a civil partnership has not been registered under subsection (1) shall not give rise to any inference as to the non-existence of a civil partnership.<\/p>\n<h4>Restriction of section 59(2) of Registration of Title Act 1964.<\/h4>\n<p>37.\u2014 Section 59(2) of the Registration of Title Act 1964 (which refers to noting upon the register provisions of any enactment restricting dealings in land) does not apply to this Part.<\/p>\n<h4>Creation of joint tenancy in shared home exempt from fees.<\/h4>\n<p>38.\u2014 No land registration fee, Registry of Deeds fee or court fee shall be payable on any transaction creating a joint tenancy between civil partners in respect of a shared home where the home was immediately prior to such transaction owned by either civil partner or by both civil partners otherwise than as joint tenants.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nInstruments creating a joint tenancy between civil partners under section confirmed excluded from e-stamping system (7.07.2012) by Stamp Duty (E-stamping of Instruments and Self-Assessment) Regulations 2012 (S.I. No. 234 of 2012), reg. 3 and sch. 1 par. 2(b), in effect as per reg. 1(2).<\/p>\n<h4>Offences.<\/h4>\n<p>39.\u2014 (1) A person commits an offence if he or she\u2014<\/p>\n<p>(a) has an interest in premises,<\/p>\n<p>(b) is required in writing by or on behalf of a person proposing to acquire the interest to give information necessary to establish if the conveyance of that interest requires a consent under section 28 (1), and<\/p>\n<p>(c) knowingly gives information that is false or misleading in any material particular.<\/p>\n<p>(2) A person who commits an offence under subsection (1) is liable\u2014<\/p>\n<p>(a) on summary conviction, to F8[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nSubstituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 61(b), commenced on enactment. A class C fine means a fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(1), S.I. No. 662 of 2010.<\/p>\n<h4>Protection of certain tenancies.<\/h4>\n<p>40.\u2014 The Residential Tenancies Act 2004 is amended\u2014<\/p>\n<p>(a) in section 3(2)(h) and section 35(4) by inserting \u201c, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d wherever it appears, and<\/p>\n<p>(b) in section 39(3)(a)(i), by inserting \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d.<\/p>\n<p>Protection of certain tenancies.<\/p>\n<p>41.\u2014 (1) In this section, \u201cAct of 1982\u201d means the Housing (Private Rented Dwellings) Act 1982.<\/p>\n<p>(2) Section 9 of the Act of 1982 is amended in subsection (2) by inserting \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>(3) Section 16(1) of the Act of 1982 is amended by inserting \u201cor of the tenant or the tenant\u2019s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cdwelling\u201d where it lastly occurs.<\/p>\n<p>(4) Section 22 of the Act of 1982 is amended by inserting \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<h4>Amendment of Civil Legal Aid Act 1995.<\/h4>\n<p>42.\u2014 Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended by substituting \u201cor proceedings arising out of a dispute between spouses as to the title to or possession of any property, proceedings under Part 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or proceedings arising out of a dispute between civil partners within the meaning of that Act as to the title to or possession of any property;\u201d for \u201cor proceedings arising out of a dispute between spouses as to the title to or possession of any property;\u201d.<\/p>\n<p>PART 5<\/p>\n<h4>Maintenance of Civil Partner<\/h4>\n<p>Interpretation.<\/p>\n<p>43.\u2014 (1) In this Part\u2014<\/p>\n<p>\u201cantecedent order\u201d means\u2014<\/p>\n<p>(a) a maintenance order,<\/p>\n<p>(b) a variation order,<\/p>\n<p>(c) an interim order,<\/p>\n<p>(d) an order under section 48 insofar as it is deemed under that section to be a maintenance order, or<\/p>\n<p>(e) an order for maintenance pending suit under section 116 or a periodical payments order or secured periodical payments order under Part 12;<\/p>\n<p>\u201cattachment of earnings order\u201d means an order under section 53;<\/p>\n<p>\u201cdesertion\u201d includes conduct on the part of one civil partner that results in the other civil partner, with just cause, leaving and living separately and apart from the first civil partner;<\/p>\n<p>\u201cearnings\u201d means any sums payable to a person\u2014<\/p>\n<p>(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and<\/p>\n<p>(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);<\/p>\n<p>\u201cinterim order\u201d means an order under section 47;<\/p>\n<p>\u201cmaintenance creditor\u201d, in relation to an order under this Part, or to proceedings arising out of the order, F9[means the person who] applied for the order;<\/p>\n<p>\u201cmaintenance debtor\u201d means a person who is required by an order referred to in any of paragraphs (a) to (e) of the definition \u201cantecedent order\u201d to make payments;<\/p>\n<p>\u201cmaintenance order\u201d means an order under section 45;<\/p>\n<p>\u201cnormal deduction rate\u201d and \u201cprotected earnings rate\u201d have the meanings respectively assigned to them in section 53;<\/p>\n<p>\u201cvariation order\u201d means an order under section 46 varying a maintenance order.<\/p>\n<p>(2) Subject to section 59, the relationship of employer and employee shall be regarded as subsisting between two persons if one of them as a principal and not as a servant or agent pays earnings to the other.<\/p>\n<p>(3) References in this Part to a District Court clerk include references to his or her successor in the office of District Court clerk and to any person acting on his or her behalf.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 139, S.I. No. 12 of 2016.<\/p>\n<h4>Commencement of periodical payments.<\/h4>\n<p>44.\u2014 A periodical payment under an order under this Part shall commence on the date that is specified in the order, which may be before or after the date on which the order is made but not earlier than the date of the application for the order.<\/p>\n<h4>Maintenance order.<\/h4>\n<p>45.\u2014 F10[(1) (a) Subject to subsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant civil partner and any dependent child of the civil partners that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant and the dependent child of the civil partners, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper.<\/p>\n<p>(b) Subject to subsection (3), where a civil partner\u2014<\/p>\n<p>(i) is dead,<\/p>\n<p>(ii) has deserted, or has been deserted by, the other civil partner, or<\/p>\n<p>(iii) is living separately and apart from the other civil partner,<\/p>\n<p>and there is a dependent child of the civil partners (not being a child who is being fully maintained by either civil partner), then, if it appears to the court, on application to it by any person, that the surviving civil partner or, as the case may be, either civil partner has failed to provide such maintenance for the dependent child of the civil partners as is proper in the circumstances, the court may make an order that that civil partner make to that person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the court may consider proper.<\/p>\n<p>(c) A maintenance order or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the civil partners and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the civil partners shall be made.]<\/p>\n<p>(2) The court shall not make a maintenance order for the support of an applicant where he or she has deserted and continues to desert the other civil partner unless, having regard to all the circumstances, including the conduct of the other civil partner, the court is of the opinion that it would be unjust in all the circumstances not to make a maintenance order.<\/p>\n<p>F10[(3) The court, in deciding whether to make a maintenance order and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case, including\u2014<\/p>\n<p>(a) the income, earning capacity, property and other financial resources of\u2014<\/p>\n<p>(i) the civil partners and any dependent child of the civil partners, and<\/p>\n<p>(ii) any other dependent child of which either civil partner is a parent,<\/p>\n<p>including income or benefits to which either civil partner or any such child is entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent child granted to either parent of such child,<\/p>\n<p>(b) the financial and other responsibilities of\u2014<\/p>\n<p>(i) the civil partners towards each other and towards any dependent child of the civil partners and the needs of any such child, including the need for care and attention,<\/p>\n<p>(ii) each civil partner as a parent towards any other dependent child, and the needs of any such child, including the need for care and attention, and<\/p>\n<p>(iii) each civil partner towards any former spouse or civil partner,<\/p>\n<p>and<\/p>\n<p>(c) in relation to a maintenance order or part of a maintenance order for the benefit of the civil partner, the conduct of each civil partner, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard it.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 140, S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E18<br \/>\nPower of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.<\/p>\n<h4>Discharge, variation and termination of maintenance order.<\/h4>\n<p>46.\u2014 (1) The court may discharge a maintenance order at any time after one year from the time it is made, on the application of F11[the person for whose support it provides], where it appears to the court that, having regard to the maintenance debtor\u2019s record of payments pursuant to the order and to the other circumstances of the case, F11[the person for whose support it provides] will not be prejudiced by the discharge.<\/p>\n<p>(2) The court may discharge or vary a maintenance order at any time, on the application of either party, if it thinks it proper to do so having regard to any circumstances not existing when the order was made (including the conduct of each of the civil partners, if that conduct is conduct that the court believes is conduct that it would in all the circumstances be unjust to disregard), or, if it has been varied, when it was last varied, or to any evidence not available to that party when the maintenance order was made or, if it has been varied, when it was last varied.<\/p>\n<p>(3) Notwithstanding subsections (1) and (2), the court shall, on application to it, discharge the part of a maintenance order that provides for the support of a maintenance creditor where it appears to it that the maintenance creditor has deserted and continues to desert the maintenance debtor unless, having regard to all the circumstances (including the conduct of the maintenance debtor) the court is of the opinion that it would be unjust to do so.<\/p>\n<p>F12[(4) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (1) or (2), if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.<\/p>\n<p>(5) Desertion by, or conduct of, a civil partner shall not be a ground for discharging or varying any part of a maintenance order that provides for the support of a dependent child of the civil partners.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 141(a), S.I. No. 12 of 2016.<\/p>\n<p>F12<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 141(b), S.I. No. 12 of 2016.<\/p>\n<h4>Interim order.<\/h4>\n<p>47.\u2014 On an application to the court for a maintenance order, the court, before deciding whether to make or refuse to make the order, may make an order for the payment to the applicant by the maintenance debtor, for a definite period specified in the order or until the application is adjudicated upon by the court, of a periodical sum that, in the opinion of the court, is proper, if it appears to the court proper to do so having regard to F13[the needs of the persons for whose support the maintenance order is sought and the other circumstances] of the case.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 142, S.I. No. 12 of 2016.<\/p>\n<h4>Orders in respect of certain agreements between civil partners.<\/h4>\n<p>48.\u2014 (1) On application by one or both of the civil partners, the court may make an order under this section if it is satisfied that to do so would adequately protect F14[the interests of the civil partners and any dependent child of the civil partners].<\/p>\n<p>(2) An order under this section may make a rule of court a provision in an agreement in writing entered into by the civil partners\u2014<\/p>\n<p>(a) by which one civil partner undertakes to make periodical payments towards the maintenance of F14[the other civil partner or of any dependent child of the civil partners or of both that other civil partner and any dependent child of the civil partners], or<\/p>\n<p>(b) governing the rights and liabilities of the civil partners towards one another in respect of the making or securing of payments (other than payments referred to in paragraph (a)) or the disposition or use of any property.<\/p>\n<p>(3) An order under subsection (2)(a) is deemed to be a maintenance order for the purposes of F14[sections 50 and 51, Part 6 and section 140].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 143, S.I. No. 12 of 2016.<\/p>\n<h4>Preservation of pension entitlements.<\/h4>\n<p>49.\u2014 (1) On application to it by either of the civil partners in an application under section 48, the court may make an order directing the trustees of a pension scheme of which either or both of the civil partners are members not to regard the separation of the civil partners as a ground for disqualifying either of them for the receipt of a benefit under the scheme that would normally require that the civil partners be residing together at the time when the benefit becomes payable.<\/p>\n<p>(2) The applicant shall give notice of an application under subsection (1) to the trustees of the pension scheme and, in deciding whether to make an order under subsection (1), the court shall have regard to any order made, or proposed to be made, by it in relation to the application by the civil partner or civil partners under section 48 and any representations made by those trustees in relation to the matter.<\/p>\n<p>(3) The court may determine the manner in which the costs incurred by the trustees under subsection (2) or in complying with an order under subsection (1) are to be borne, including by either of the civil partners or by both of them in the proportions that the court may determine.<\/p>\n<p>(4) In this section, \u201cpension scheme\u201d has the meaning assigned to it by section 109.<\/p>\n<h4>Transmission of payments through District Court clerk.<\/h4>\n<p>50.\u2014 (1) Where the court makes a maintenance order, a variation order or an interim order, the court shall\u2014<\/p>\n<p>(a) direct that payments under the order be made to the District Court clerk, unless the maintenance creditor requests the court not to do so and the court considers that it would be proper not to do so, and<\/p>\n<p>(b) in a case in which the court has not given a direction under paragraph (a), direct, at any time after making the order and on the application of the maintenance creditor, that the payments be made to the District Court clerk.<\/p>\n<p>(2) Where payments to the District Court clerk under this section are in arrear, the District Court clerk shall, if the maintenance creditor so requests in writing, take the steps that he or she considers reasonable in the circumstances to recover the sums in arrear whether by proceedings for an attachment of earnings order or otherwise.<\/p>\n<p>(3) The court, on the application of the maintenance debtor and having afforded the maintenance creditor an opportunity to oppose the application, may discharge a direction under subsection (1), if satisfied that, having regard to the record of the payments made to the District Court clerk and all the other circumstances, it would be proper to do so.<\/p>\n<p>(4) The District Court clerk shall transmit any payments made by virtue of this section to the maintenance creditor.<\/p>\n<p>(5) Nothing in this section affects any right of a person to take proceedings in his or her own name for the recovery of a sum payable, but not paid, to the District Court clerk by virtue of this section.<\/p>\n<p>(6) References in this section to the District Court clerk are references to the District Court clerk in the District Court district that may be determined from time to time by the court concerned.<\/p>\n<h4>Lump sum maintenance orders.<\/h4>\n<p>51.\u2014 (1) The court may, F15[on making a maintenance order or a variation order], order the maintenance debtor in addition to, or instead of such an order, to make a lump sum payment or lump sum payments to the maintenance creditor of such amount or amounts and at such time or times as may be specified in the order.<\/p>\n<p>(2) The amount or aggregate amount of a lump sum payment or of lump sum payments to a maintenance creditor under an order under this section shall be\u2014<\/p>\n<p>(a) if the order is instead of an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and<\/p>\n<p>(b) if the first-mentioned order is in addition to an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.<\/p>\n<p>F16[(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.]<\/p>\n<p>(3) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed F17[\u20ac15,000].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 144(a), S.I. No. 12 of 2016.<\/p>\n<p>F16<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 144(b), S.I. No. 12 of 2016.<\/p>\n<p>F17<br \/>\nSubstituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 21(a), S.I. No. 566 of 2013.<\/p>\n<h4>Secured orders.<\/h4>\n<p>52.\u2014 The court may, F18[on making a maintenance order or a variation order] or at any time after making such an order, on application to it by any person having an interest in the proceedings, order the maintenance debtor concerned to secure it to the maintenance creditor concerned.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 145, S.I. No. 12 of 2016.<\/p>\n<p>F19[<\/p>\n<h4>Failure to make payments to be contempt of court<\/h4>\n<p>52A.\u2014 (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.<\/p>\n<p>(2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.<\/p>\n<p>(3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.<\/p>\n<p>(4) A summons referred to in subsection (3) shall\u2014<\/p>\n<p>(a) be issued by the District Court clerk concerned,<\/p>\n<p>(b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,<\/p>\n<p>(c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and<\/p>\n<p>(d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.<\/p>\n<p>(5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.<\/p>\n<p>(6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.<\/p>\n<p>(7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language\u2014<\/p>\n<p>(a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,<\/p>\n<p>(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and<\/p>\n<p>(c) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.<\/p>\n<p>(8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language\u2014<\/p>\n<p>(a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and<\/p>\n<p>(b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.<\/p>\n<p>(9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and\u2014<\/p>\n<p>(a) that the failure to make the payment concerned is due to\u2014<\/p>\n<p>(i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or<\/p>\n<p>(ii) some other reason not attributable to any act or omission of the maintenance debtor,<\/p>\n<p>the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing\u2014<\/p>\n<p>(I) to enable the outstanding payment to be made, or<\/p>\n<p>(II) to enable an application to be made for an attachment of earnings order under section 53,<\/p>\n<p>(b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.<\/p>\n<p>(10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to\u2014<\/p>\n<p>(a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or<\/p>\n<p>(b) some other reason not attributable to any act or omission of the maintenance debtor,<\/p>\n<p>the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.<\/p>\n<p>(11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.<\/p>\n<p>(12) In this section &#8220;financial circumstances&#8221; means, in relation to a person\u2014<\/p>\n<p>(a) the amount of the person\u2019s annual income,<\/p>\n<p>(b) the aggregate value of all property (real and personal) belonging to the person,<\/p>\n<p>(c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,<\/p>\n<p>(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and<\/p>\n<p>(e) such other circumstances as the court considers appropriate.<\/p>\n<p>(13) This section does not apply unless the antecedent order concerned was actually made by the District Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 146, S.I. No. 12 of 2016.<\/p>\n<p>F20[<\/p>\n<h4>Certificate of outstanding payments<\/h4>\n<p>52B.\u2014 Where, pursuant to section 50, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 146, S.I. No. 12 of 2016.<\/p>\n<p>PART 6<\/p>\n<h4>Attachment of Earnings<\/h4>\n<p>Attachment of earnings order.<\/p>\n<p>53.\u2014 (1) For the purposes of this Part\u2014<\/p>\n<p>\u201cattachment of earnings order\u201d means an order directing that an employer deduct from the maintenance debtor\u2019s earnings, at the times specified in the order, periodical deductions of the appropriate amounts specified in the order, having regard to the normal deduction rate and the protected earnings rate;<\/p>\n<p>\u201ccourt\u201d means\u2014<\/p>\n<p>(a) the High Court, in respect of an application under this Part made by a person on whose application the High Court has made an antecedent order,<\/p>\n<p>(b) the relevant Circuit Court, in respect of an application under this Part made by a person on whose application that court has made an antecedent order, and<\/p>\n<p>(c) the District Court, in respect of an application under this Part made by\u2014<\/p>\n<p>(i) a person on whose application the District Court has made an antecedent order, or<\/p>\n<p>(ii) a District Court clerk to whom payments are required to be made under an antecedent order;<\/p>\n<p>\u201cemployer\u201d includes a trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits;<\/p>\n<p>\u201cnormal deduction rate\u201d means the rate at which the court considers it reasonable that the earnings to which the attachment of earnings order relates should be applied in satisfying the antecedent order, not exceeding the rate that appears to the court to be necessary for\u2014<\/p>\n<p>(a) securing payment of the sums falling due from time to time under the antecedent order, and<\/p>\n<p>(b) securing payment within a reasonable period of any sums already due and unpaid under the antecedent order and any costs incurred in proceedings relating to the antecedent order payable by the maintenance debtor;<\/p>\n<p>\u201cprotected earnings rate\u201d means the rate below which, having regard to the needs of the maintenance debtor, the court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order.<\/p>\n<p>(2) The court may, on application to it on that behalf, make an attachment of earnings order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid and that the order is desirable to secure payments under an antecedent order and any amendments, variations and affirmations of it.<\/p>\n<p>(3) The court that makes an antecedent order, or an order that makes, varies or affirms on appeal an antecedent order, shall make an attachment of earnings order in the same proceedings if it is satisfied of the things mentioned in subsection (2).<\/p>\n<p>(4) A person to whom an attachment of earnings order is directed shall pay the amounts ordered to be deducted\u2014<\/p>\n<p>(a) in the case of a relevant antecedent order that is an enforceable maintenance order, to the District Court clerk specified in the order for transmission to the maintenance creditor, and<\/p>\n<p>(b) in any other case, as specified in the order, to the maintenance creditor or to the District Court clerk specified in the order for transmission to the maintenance creditor.<\/p>\n<p>(5) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor an opportunity to make representations, and shall have regard to any representations made, relating to whether the maintenance debtor\u2014<\/p>\n<p>(a) is a person to whom earnings fall to be paid, and<\/p>\n<p>(b) would make the payments to which the relevant order relates.<\/p>\n<p>(6) The court shall include in an attachment of earnings order the particulars required so that the person to whom the order is directed may identify the maintenance debtor.<\/p>\n<p>(7) Payments under an attachment of earnings order are in lieu of payments of the like amount under the antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the antecedent order.<\/p>\n<p>Compliance with attachment of earnings order.<\/p>\n<p>54.\u2014 (1) The court registrar or court clerk specified in the attachment of earnings order shall cause the order to be served on the person to whom it is directed and on any person who subsequently becomes the maintenance debtor\u2019s employer and of whom the registrar or clerk becomes aware.<\/p>\n<p>(2) The service may be effected by leaving the order or a copy of it at the person\u2019s residence or place of business in the State, or by sending the order or a copy of it, by registered prepaid post, to that residence or place of business.<\/p>\n<p>(3) A person to whom an attachment of earnings order is directed shall comply with it if it is served on him or her but is not liable for non-compliance before 10 days have elapsed since the service.<\/p>\n<p>(4) If a person to whom an attachment of earnings order is directed is not the maintenance debtor\u2019s employer or ceases to be the maintenance debtor\u2019s employer, the person shall, within 10 days from the date of service or the date of cesser, give notice of that fact to the court.<\/p>\n<p>(5) The person shall give to the maintenance debtor a statement in writing of the total amount of every deduction made from a maintenance debtor\u2019s earnings in compliance with an attachment of earnings order.<\/p>\n<h4>Application of sums received by District Court clerk.<\/h4>\n<p>55.\u2014 Payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by the clerk to the maintenance creditor, be deemed to be payments made by the maintenance debtor so as to discharge\u2014<\/p>\n<p>(a) firstly, any sums payable under the antecedent order, and<\/p>\n<p>(b) secondly, any costs in proceedings relating to the antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.<\/p>\n<h4>Statement as to earnings.<\/h4>\n<p>56.\u2014 (1) In relation to an attachment of earnings order or an application for one, the court may, before or at the hearing or while the order is in force, order\u2014<\/p>\n<p>(a) the maintenance debtor to give to the court, within a specified period, a signed statement in writing specifying\u2014<\/p>\n<p>(i) the name and address of every employer of the maintenance debtor,<\/p>\n<p>(ii) particulars as to the maintenance debtor\u2019s earnings and expected earnings, and resources and needs, and<\/p>\n<p>(iii) particulars for enabling the employers to identify the maintenance debtor,<\/p>\n<p>(b) a person appearing to the court to be an employer of the maintenance debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the maintenance debtor\u2019s earnings and expected earnings.<\/p>\n<p>(2) Notice of an application for an attachment of earnings order served on a maintenance debtor may include a requirement that the maintenance debtor give to the court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in subsection (1)(a) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.<\/p>\n<p>(3) In any proceedings in relation to an attachment of earnings order, a statement given to the court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) is admissible as evidence of the facts stated in it and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.<\/p>\n<h4>Notification of changes of employment and earnings.<\/h4>\n<p>57.\u2014 Where an attachment of earnings order is in force\u2014<\/p>\n<p>(a) the maintenance debtor shall notify in writing the court that made the order of every occasion on which he or she leaves employment, or becomes employed or re-employed, not later than 10 days after doing so,<\/p>\n<p>(b) the maintenance debtor shall, on any occasion on which he or she becomes employed or re-employed, include in the notification particulars of his or her earnings and expected earnings, and<\/p>\n<p>(c) any person who becomes an employer of the maintenance debtor and who knows that the order is in force and by which court it was made shall, within 10 days of the later of the date of becoming an employer of the maintenance debtor and the date of acquiring the knowledge, notify the court in writing that he or she has become such an employer, and include in the notification a statement of the debtor\u2019s earnings and expected earnings.<\/p>\n<h4>Power to determine whether particular payments are earnings.<\/h4>\n<p>58.\u2014 (1) Where an attachment of earnings order is in force, the court that made the order shall, on the application of the maintenance debtor\u2019s employer, the maintenance debtor or the person to whom payments are being made under the order, determine whether payments or portions of payments being made to the maintenance debtor that are of a class or description specified in the application are earnings for the purpose of the order.<\/p>\n<p>(2) Where an application is made by the employer under subsection (1), the employer is not liable for non-compliance with the order as respects any payments or portions of payments of the class or description specified by the application that he or she makes while the application, a determination in relation to it or an appeal from the determination is pending.<\/p>\n<p>(3) Subsection (2) does not apply if the employer subsequently withdraws the application or abandons the appeal.<\/p>\n<h4>Persons in service of State, local authority, etc.<\/h4>\n<p>59.\u2014 (1) This section applies when a maintenance debtor is in the service of the State, a local authority within the meaning of the Local Government Act 1941, a harbour authority within the meaning of the Harbours Acts 1946 to 2005, the Health Service Executive, F21[an education and training board], a committee of agriculture established by the Agriculture Act 1931, or another body if his or her earnings are paid directly out of moneys paid by the Oireachtas or from the Central Fund, or is a member of either House of the Oireachtas.<\/p>\n<p>(2) For the purposes of this Part, the following officers are regarded as being the employers of the maintenance debtor and the earnings paid to the maintenance debtor out of the Central Fund or out of moneys provided by the Oireachtas are regarded as having been paid by them:<\/p>\n<p>(a) in the case where the maintenance debtor is employed in a department, office, organisation, service, undertaking or other body, its chief officer, or any other officer that may be designated from time to time by the Minister of the Government by whom that body is administered;<\/p>\n<p>(b) in the case where the maintenance debtor is in the service of an authority or body, its chief officer; and<\/p>\n<p>(c) in any other case, where the maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance or any other officer that may be designated from time to time by the Minister for Finance.<\/p>\n<p>(3) A question that arises in proceedings for or arising out of an attachment of earnings order as to which body employs a maintenance debtor may be referred to and determined by the Minister for Finance, but he or she is not obliged to consider the reference unless it is made by the court.<\/p>\n<p>(4) A document purporting to contain a determination by the Minister for Finance under subsection (3) and to be signed by an officer of that Minister shall, in any proceedings mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (1.07.2013) by Education and Training Boards Act 2013 (11\/2013), s. 72(1) and sch. 6 item 56, S.I. No. 211 of 2013.<\/p>\n<h4>Discharge, variation and lapse of attachment of earnings order.<\/h4>\n<p>60.\u2014 (1) The court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the District Court clerk on whose application the order was made, make an order discharging or varying that order.<\/p>\n<p>(2) The employer on whom an order varying an attachment of earnings order is served shall comply with it but is not liable for non-compliance before 10 days have elapsed since the service.<\/p>\n<p>(3) If an employer affected by an attachment of earnings order ceases to be the maintenance debtor\u2019s employer, the order lapses insofar as that employer is concerned, except as respects deductions from earnings paid by the employer after the cesser and payment to the maintenance creditor of deductions from earnings made at any time by that employer.<\/p>\n<p>(4) The lapse of an order under subsection (3) does not prevent its remaining in force for other purposes.<\/p>\n<h4>Cesser of attachment of earnings order.<\/h4>\n<p>61.\u2014 (1) An attachment of earnings order ceases to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.<\/p>\n<p>(2) The clerk or registrar of the court that made the attachment of earnings order shall give notice of a cesser to the employer.<\/p>\n<h4>Other remedies.<\/h4>\n<p>62.\u2014 (1) Where an attachment of earnings order has been made, any proceedings commenced under section 8(1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order lapses and any warrant or order issued or made under that subsection ceases to have effect.<\/p>\n<p>(2) An attachment of earnings order ceases to have effect on the making of an order under section 8(1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order.<\/p>\n<h4>Enforcement.<\/h4>\n<p>63.\u2014 (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the District Court clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by\u2014<\/p>\n<p>(a) a person failing, without reasonable excuse, to comply with section 54(3) or (4), or 57, or an order under section 56 or 60(2), or<\/p>\n<p>(b) a person, without reasonable excuse, giving a false or misleading statement under section 56(1) or notification under section 57.<\/p>\n<p>(2) A person who gives to a court a statement pursuant to section 56 or a notification under section 57 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to F22[a class C fine] or to imprisonment for a term not exceeding six months or to both.<\/p>\n<p>(3) A person who contravenes section 54(5) commits an offence and is liable on summary conviction to F23[a class E fine].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nSubstituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 61(c)(i), commenced on enactment. A class C fine means a fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(1), S.I. No. 662 of 2010.<\/p>\n<p>F23<br \/>\nSubstituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 61(c)(ii), commenced on enactment. A class E fine means a fine not greater than \u20ac500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 8(1), S.I. No. 662 of 2010.<\/p>\n<p>PART 7<\/p>\n<p>Miscellaneous Provisions Relating to Parts 5 and 6<\/p>\n<h4>Payments without deduction of income tax.<\/h4>\n<p>64.\u2014 A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 48 (insofar as it is deemed to be a maintenance order) or an attachment of earnings order shall be made without deduction of income tax.<\/p>\n<h4>Amendment of the Enforcement of Court Orders Act 1940.<\/h4>\n<p>65.\u2014 The references in sections 8(1) and (7) of the Enforcement of Court Orders Act 1940 (as amended by section 29 of the Family Law (Maintenance of Spouses and Children) Act 1976, section 22 of the Family Law Act 1995 and section 30 of the Family Law (Divorce) Act 1996) to an order shall be construed as including references to an antecedent order.<\/p>\n<h4>Property in household allowance.<\/h4>\n<p>66.\u2014 An allowance made by one civil partner to the other for the purpose of meeting household expenses, and any property or interest in property that was acquired out of the allowance, belong to the civil partners as joint owners, in the absence of any express or implied agreement between them to the contrary.<\/p>\n<h4>Voidance of certain provisions of agreements.<\/h4>\n<p>67.\u2014 An agreement between civil partners is void to the extent to which it would have the effect of excluding or limiting the operation of any provision in Part 5 or Part 6.<\/p>\n<p>F24[<\/p>\n<h4>Birth and funeral expenses of dependent child<\/h4>\n<p>67A.\u2014 (1) The court may make an order (in this section referred to as a &#8220;lump sum order&#8221;) where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both\u2014<\/p>\n<p>(a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order,<\/p>\n<p>(b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive,<\/p>\n<p>and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding \u20ac4,000, but no such order shall direct the payment of an amount exceeding \u20ac2,000 in respect of the birth of a child to whom this section relates or \u20ac2,000 in respect of the funeral of such a child.<\/p>\n<p>(2) Subsection (3) of section 45 shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.<\/p>\n<p>(3) (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.<\/p>\n<p>(b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 147, S.I. No. 12 of 2016.<\/p>\n<p>PART 8<\/p>\n<h4>Succession<\/h4>\n<p>Interpretation.<\/p>\n<p>68.\u2014 In this Part, \u201cAct of 1965\u201d means the Succession Act 1965.<\/p>\n<p>Amendment of section 3 of Act of 1965.<\/p>\n<p>69.\u2014 Section 3(1) of the Act of 1965 is amended\u2014<\/p>\n<p>(a) by inserting the following definition:<\/p>\n<p>\u201c\u2018civil partner\u2019 has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by substituting the following for the definition of \u201clegal right\u201d:<\/p>\n<p>\u201c\u2018legal right\u2019 means\u2014<\/p>\n<p>(a) the right of a spouse under section 111 to a share in the estate of a deceased person, and<\/p>\n<p>(b) the right of a civil partner under section 111A to a share in the estate of a deceased person;\u201d.<\/p>\n<p>Amendment of section 56 of Act of 1965.<\/p>\n<p>70.\u2014 Section 56 of the Act of 1965 is amended\u2014<\/p>\n<p>(a) by inserting \u201cor civil partner\u201d after \u201cspouse\u201d wherever it appears, and<\/p>\n<p>(b) in subsections (9), (10) and (12) by replacing \u201cthe spouse\u2019s\u201d with \u201chis or her\u201d wherever it appears.<\/p>\n<p>Amendment of section 58 of Act of 1965.<\/p>\n<p>71.\u2014 Section 58(6) of the Act of 1965 is amended by inserting \u201cor civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>Amendment of section 67 of Act of 1965.<\/p>\n<p>72.\u2014 Section 67 of the Act of 1965 is amended\u2014<\/p>\n<p>(a) in subsection (2)(b), by substituting \u201csection 67B(2)\u201d for \u201csubsection (4)\u201d, and<\/p>\n<p>(b) by repealing subsections (3) and (4).<\/p>\n<p>Insertion of new sections in Act of 1965.<\/p>\n<p>73.\u2014 The Act of 1965 is amended by inserting the following after section 67:<\/p>\n<p>\u201c<\/p>\n<h4>Shares of surviving civil partner and issue.<\/h4>\n<p>67A.\u2014 (1) If an intestate dies leaving a civil partner and no issue, the civil partner shall take the whole estate.<\/p>\n<p>(2) If an intestate dies leaving a civil partner and issue\u2014<\/p>\n<p>(a) subject to subsections (3) to (7), the civil partner shall take two-thirds of the estate; and<\/p>\n<p>(b) the remainder shall be distributed among the issue in accordance with section 67B(2).<\/p>\n<p>(3) The court may, on the application by or on behalf of a child of an intestate who dies leaving a civil partner and one or more children, order that provision be made for that child out of the intestate\u2019s estate only if the court is of the opinion that it would be unjust not to make the order, after considering all the circumstances, including\u2014<\/p>\n<p>(a) the extent to which the intestate has made provision for that child during the intestate\u2019s lifetime,<\/p>\n<p>(b) the age and reasonable financial requirements of that child,<\/p>\n<p>(c) the intestate\u2019s financial situation, and<\/p>\n<p>(d) the intestate\u2019s obligations to the civil partner.<\/p>\n<p>(4) The court, in ordering provision of an amount under subsection (3) shall ensure that\u2014<\/p>\n<p>(a) the amount to which any issue of the intestate is entitled shall not be less than that to which he or she would have been entitled had no such order been made, and<\/p>\n<p>(b) the amount provided shall not be greater than the amount to which the applicant would have been entitled had the intestate died leaving neither spouse nor civil partner.<\/p>\n<p>(5) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.<\/p>\n<p>(6) The costs in the proceedings shall be at the discretion of the court.<\/p>\n<p>(7) An order under this section shall not be made except on an application made within 6 months from the first taking out of representation of the deceased\u2019s estate.<\/p>\n<h4>Share of issue where no surviving spouse or surviving civil partner.<\/h4>\n<p>67B.\u2014 (1) If an intestate dies leaving issue and no spouse or civil partner, the estate shall be distributed among the issue in accordance with subsection (2).<\/p>\n<p>(2) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.\u201d.<\/p>\n<p>Amendment of section 68 of Act of 1965.<\/p>\n<p>74.\u2014 Section 68 of the Act of 1965 is amended by inserting \u201cnor civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>Amendment of section 69 of Act of 1965.<\/p>\n<p>75.\u2014 Section 69 of the Act of 1965 is amended by inserting \u201cnor civil partner\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>Amendment of section 70 of Act of 1965.<\/p>\n<p>76.\u2014 Section 70 of the Act of 1965 is amended by inserting \u201cnor civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>Amendment of section 82 of Act of 1965.<\/p>\n<p>77.\u2014 Section 82(1) of the Act of 1965 is amended by inserting \u201cor civil partner\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>Amendment of section 83 of Act of 1965.<\/p>\n<p>78.\u2014 Section 83 of the Act of 1965 is amended by inserting \u201cor civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>Amendment of section 85 of Act of 1965.<\/p>\n<p>79.\u2014 Section 85(1) of the Act of 1965 is amended by inserting \u201cor entry into a civil partnership\u201d after \u201cmarriage\u201d wherever it appears.<\/p>\n<p>Amendment of section 109 of Act of 1965.<\/p>\n<p>80.\u2014 Section 109(1) of the Act of 1965 is amended by inserting \u201cor civil partner\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>Insertion of section 111A in Act of 1965.<\/p>\n<p>81.\u2014 The Act of 1965 is amended by inserting the following section after section 111:<\/p>\n<p>\u201c<\/p>\n<h4>Right of surviving civil partner.<\/h4>\n<p>111A.\u2014 (1) If the testator leaves a civil partner and no children, the civil partner shall have a right to one-half of the estate.<\/p>\n<p>(2) Subject to section 117(3A), if the testator leaves a civil partner and children, the civil partner shall have a right to one-third of the estate.\u201d.<\/p>\n<p>Amendment of section 112 of Act of 1965.<\/p>\n<p>82.\u2014 Section 112 of the Act of 1965 is amended by inserting \u201cor the right of a civil partner under section 111A\u201d after \u201csection 111\u201d.<\/p>\n<p>Insertion of section 113A in Act of 1965.<\/p>\n<p>83.\u2014 The Act of 1965 is amended by inserting the following section after section 113:<\/p>\n<p>\u201c<\/p>\n<h4>Renunciation of legal right.<\/h4>\n<p>113A.\u2014 The legal right of a civil partner may be renounced in an ante-civil-partnership-registration contract made in writing between the parties to an intended civil partnership or may be renounced in writing by the civil partner after registration and during the lifetime of the testator.\u201d.<\/p>\n<p>Amendment of section 114 of Act of 1965.<\/p>\n<p>84.\u2014 Section 114 of the Act of 1965 is amended by inserting \u201cor civil partner\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>Amendment of section 115 of Act of 1965.<\/p>\n<p>85.\u2014 Section 115 of the Act of 1965 is amended\u2014<\/p>\n<p>(a) by inserting \u201cor civil partner\u201d after \u201cspouse\u201d wherever it appears, and<\/p>\n<p>(b) in subsection (5), by inserting \u201cor civil partner\u2019s\u201d after \u201cspouse\u2019s\u201d.<\/p>\n<p>Amendment of section 117 of Act of 1965.<\/p>\n<p>86.\u2014 Section 117 of the Act of 1965 is amended by inserting the following subsection after subsection (3):<\/p>\n<p>\u201c(3A) An order under this section shall not affect the legal right of a surviving civil partner unless the court, after consideration of all the circumstances, including the testator\u2019s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.\u201d.<\/p>\n<p>Amendment of section 120 of Act of 1965.<\/p>\n<p>87.\u2014 Section 120 of the Act of 1965 is amended\u2014<\/p>\n<p>(a) by inserting the following subsection after subsection (2):<\/p>\n<p>\u201c(2A) A deceased\u2019s civil partner who has deserted the deceased is precluded from taking any share in the deceased\u2019s estate as a legal right or on intestacy if the desertion continued up to the death for two years or more.\u201d,<\/p>\n<p>(b) by inserting the following subsection after subsection (3):<\/p>\n<p>\u201c(3A) A civil partner who was guilty of conduct which justified the deceased in separating and living apart from him or her is deemed to be guilty of desertion within the meaning of subsection (2A).\u201d,<\/p>\n<p>(c) in subsection (4), by inserting \u201cor civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>Amendment of section 121 of Act of 1965.<\/p>\n<p>88.\u2014 Section 121 of the Act of 1965 is amended in subsections (2), (5) and (7) by inserting \u201cor civil partner\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>Amendment of section 45 of Statute of Limitations 1957.<\/p>\n<p>89.\u2014 Section 45(1) of the Statute of Limitations 1957, as inserted by the Succession Act 1965, is amended by inserting \u201cor section 111A\u201d after \u201csection 111\u201d.<\/p>\n<p>PART 9<\/p>\n<h4>Domestic Violence<\/h4>\n<p>Interpretation.<\/p>\n<p>90.\u2014 In this Part, \u201cAct of 1996\u201d means the Domestic Violence Act 1996.<\/p>\n<p>Amendment of section 1 of Act of 1996.<\/p>\n<p>91.\u2014 Section 1(1) of the Act of 1996 is amended by inserting the following definitions:<\/p>\n<p>\u201c\u2018Act of 2010\u2019 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>\u2018civil partner\u2019 has the meaning assigned to it by the Act of 2010 and includes a person who was a civil partner in a partnership that has been dissolved under that Act;\u201d.<\/p>\n<p>Amendment of definition of \u201cthe applicant\u201d in section 2 of Act of 1996.<\/p>\n<p>92.\u2014 The definition \u201cthe applicant\u201d in section 2(1)(a) of the Act of 1996 is amended by inserting the following subparagraph after subparagraph (i):<\/p>\n<p>\u201c(ia) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or\u201d.<\/p>\n<p>Amendment of section 3 of Act of 1996.<\/p>\n<p>93.\u2014 Section 3(1) of the Act of 1996 is amended by inserting the following paragraph after paragraph (a):<\/p>\n<p>\u201c(aa) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or\u201d.<\/p>\n<p>Insertion of section 8A of Act of 1996.<\/p>\n<p>94.\u2014 The Act of 1996 is amended by inserting the following section after section 8:<\/p>\n<p>\u201cApplication of orders restricting disposal or removal of household chattels.<\/p>\n<p>8A.\u2014 (1) Section 34(2) (which restricts the right of a civil partner to dispose of or remove household chattels) of the Act of 2010 shall apply between the making of an application against the civil partner of the applicant for a barring order or a safety order and its determination, and if an order is made, while the order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.<\/p>\n<p>(2) A court which is empowered under section 34(2)(b) of the Act of 2010 to grant permission for any disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings (including any proceedings for a barring order or a safety order) have been instituted.\u201d.<\/p>\n<p>Amendment of section 9 of Act of 1996.<\/p>\n<p>95.\u2014 Section 9(2) of the Act of 1996 is amended by inserting the following paragraph after paragraph (c):<\/p>\n<p>\u201c(cc) an order under section 30, 34 or 45 of the Act of 2010;\u201d.<\/p>\n<p>Amendment of section 13 of Act of 1996.<\/p>\n<p>96.\u2014 Section 13(2) of the Act of 1996 is amended by inserting \u201cor any annulment or dissolution proceedings under the Act of 2010,\u201d after \u201cmatrimonial cause or matter\u201d.<\/p>\n<p>PART 10<\/p>\n<p>Miscellaneous Consequences of Civil Partnership Registration<\/p>\n<h4>Ethics and conflict of interests.<\/h4>\n<p>97.\u2014 (1) For the purposes of determining matters concerning ethics and conflicts of interests under any rule of law or enactment\u2014<\/p>\n<p>(a) with respect to a person, a reference to a \u201cconnected per son\u201d or a \u201cconnected relative\u201d of that person shall be construed as including the person\u2019s civil partner and the child of the person\u2019s civil partner who is ordinarily resident with the person and the civil partner, and<\/p>\n<p>(b) a declaration that must be made in relation to a spouse of a person shall also be made in relation to a civil partner of a person.<\/p>\n<p>(2) Without limiting the generality of subsection (1), the Acts specified in Part 1 of the Schedule are amended as indicated in that Schedule.<\/p>\n<p>Amendment of Mental Health Act 2001.<\/p>\n<p>98.\u2014 (1) In this section, \u201cAct of 2001\u201d means the Mental Health Act 2001.<\/p>\n<p>(2) Section 2(1) of the Act of 2001 is amended by inserting the following definition:<\/p>\n<p>\u201c\u2018civil partner\u2019 means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d.<\/p>\n<p>(3) Section 9 of the Act of 2001 is amended\u2014<\/p>\n<p>(a) in paragraph (1)(a), by inserting \u201cor civil partner\u201d after \u201cspouse\u201d,<\/p>\n<p>(b) in paragraphs (2)(b) and (f), by inserting \u201cor civil partner\u201d after \u201cspouse\u201d, and<\/p>\n<p>(c) in subsection (8), by inserting the following definition:<\/p>\n<p>\u201c\u2018civil partner\u2019 in relation to a person, does not include a civil partner of the person who is living separately and apart from the person or in respect of whom an application or order has been made under the Domestic Violence Acts 1996 and 2002 as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d.<\/p>\n<p>(4) Section 10(3)(c) of the Act of 2001 is amended by inserting \u201c, a civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>(5) Section 14(3)(a) of the Act of 2001 is amended by inserting \u201c, a civil partner\u201d after \u201cspouse\u201d.<\/p>\n<p>(6) Section 24(1) of the Act of 2001 is amended by inserting \u201c, civil partner\u201d after \u201cspouse\u201d.<\/p>\n<h4>Pensions.<\/h4>\n<p>99.\u2014 (1) A benefit under a pension scheme that is provided for the spouse of a person is deemed to provide equally for the civil partner of a person.<\/p>\n<p>(2) Without limiting the generality of subsection (1), the Acts specified in Part 2 of the Schedule are amended as indicated in that Schedule.<\/p>\n<p>(3) In this section \u201cpension scheme\u201d has the meaning assigned to it by section 109.<\/p>\n<p>Amendment of the Pensions Act 1990.<\/p>\n<p>100.\u2014 The Pensions Act 1990 is amended\u2014<\/p>\n<p>(a) in section 65(1) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by deleting the definition of \u201cmarital status\u201d and inserting the following definition:<\/p>\n<p>\u201c\u2018civil status\u2019 means civil status within the meaning of the Civil Registration Act 2004 as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d,<\/p>\n<p>(b) in section 66(2)(a)(ii) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting \u201ccivil status\u201d for \u201cmarital status\u201d in subparagraph (a)(ii),<\/p>\n<p>(c) in section 66(2)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting \u201ccivil status\u201d for \u201cmarital status\u201d wherever it appears,<\/p>\n<p>(d) in section 67(1)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting \u201ccivil status\u201d for \u201cmarital status\u201d wherever it appears,<\/p>\n<p>(e) in section 72 (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting \u201ccivil status\u201d for \u201cmarital status\u201d wherever it appears, and<\/p>\n<p>(f) in section 75(1) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting \u201ccivil status\u201d for \u201cmarital status\u201d.<\/p>\n<h4>Amendment of Criminal Damage Act 1991.<\/h4>\n<p>101.\u2014 Section 1 of the Criminal Damage Act 1991 (as amended by the Family Law (Divorce) Act 1996) is amended by inserting the following subsection after subsection (3):<\/p>\n<p>\u201c(3A) A reference to any property belonging to another, however expressed, shall be construed as a reference to a shared home as respects an offence under section 2, 3(a) or 4(a) if\u2014<\/p>\n<p>(a) the property is either a shared home or a dwelling, within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in which a person who was a civil partner in a civil partnership that has been dissolved under that Act ordinarily resided with his or her former civil partner before the dissolution, and<\/p>\n<p>(b) the person charged\u2014<\/p>\n<p>(i) is the civil partner, or was the civil partner until the dissolution of their civil partnership, of a person who resides, or is entitled to reside, in the home, and<\/p>\n<p>(ii) is the subject of a protection order or barring order or is excluded from the home pursuant to an order under the Domestic Violence Act 1996 as amended by Part 9 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or another order of a court.\u201d.<\/p>\n<h4>Amendment of Employment Equality Act 1998.<\/h4>\n<p>102.\u2014 (1) In this section, \u201cAct of 1998\u201d means the Employment Equality Act 1998.<\/p>\n<p>(2) Section 2(1) of the Act of 1998 is amended\u2014<\/p>\n<p>(a) by inserting the following definition:<\/p>\n<p>\u201c\u2018civil status\u2019 means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;\u201d;<\/p>\n<p>(b) by deleting the definition \u201cmarital status\u201d; and<\/p>\n<p>(c) by inserting, in paragraphs (a) and (b) of the definition \u201cmember of the family\u201d, \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d wherever it appears.<\/p>\n<p>(3) The Act of 1998 is amended by substituting \u201ccivil status\u201d for \u201cmarital status\u201d wherever it appears.<\/p>\n<h4>Amendment of Equal Status Act 2000.<\/h4>\n<p>103.\u2014 (1) In this section, \u201cAct of 2000\u201d means the Equal Status Act 2000.<\/p>\n<p>(2) Section 2(1) of the Act of 2000 is amended\u2014<\/p>\n<p>(a) by inserting the following definition:<\/p>\n<p>\u201c\u2018civil status\u2019 means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;\u201d,<\/p>\n<p>(b) by deleting the definition \u201cmarital status\u201d, and<\/p>\n<p>(c) by inserting, in the definition \u201cnear relative\u201d, \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d.<\/p>\n<p>(3) The Act of 2000 is amended by substituting \u201ccivil status\u201d for \u201cmarital status\u201d wherever it appears.<\/p>\n<h4>Amendment of Powers of Attorney Act 1996.<\/h4>\n<p>104.\u2014 (1) In this section, \u201cAct of 1996\u201d means the Powers of Attorney Act 1996.<\/p>\n<p>(2) Section 5 of the Act of 1996 is amended\u2014<\/p>\n<p>(a) by inserting, in subsection (4)(b), \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d, and<\/p>\n<p>(b) by inserting the following subsection after subsection (7):<\/p>\n<p>\u201c(7A) An enduring power in favour of a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall, unless the power provides otherwise, be invalidated or, as the case may be, cease to be in force if subsequently\u2014<\/p>\n<p>(a) a decree of nullity or a decree of dissolution of the civil partnership is granted or recognised under the law of the State,<\/p>\n<p>(b) a written agreement to separate is entered into between the civil partners, or<\/p>\n<p>(c) a protection order, interim barring order, barring order or safety order is made against the attorney on the application of the donor, or vice versa.\u201d.<\/p>\n<p>(3) Section 6(7)(b)(iii)(II) of the Act of 1996 is amended by inserting \u201cor civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d.<\/p>\n<p>(4) The First Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3(1)(a):<\/p>\n<p>\u201c(aa) the donor\u2019s civil partner, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d.<\/p>\n<p>(5) Part I of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 2A (inserted by the Family Law (Divorce) Act 1996):<\/p>\n<p>\u201c2B. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.\u201d.<\/p>\n<p>(6) Part II of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3:<\/p>\n<p>\u201c4. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.\u201d.<\/p>\n<h4>Amendment of Civil Liability Act 1961.<\/h4>\n<p>105.\u2014 Paragraph (a) of the definition \u201cdependant\u201d in section 47(1) (as amended by section 1(1) of the Civil Liability (Amendment) Act 1996) of the Civil Liability Act 1961 is amended by inserting \u201c, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010\u201d after \u201cspouse\u201d.<\/p>\n<h4>Determination of questions between civil partners in relation to property.<\/h4>\n<p>106.\u2014 (1) Either civil partner may apply to the court in a summary manner to determine a question arising between them as to the title to or possession of property.<\/p>\n<p>(2) The court may, on application to it under subsection (1)\u2014<\/p>\n<p>(a) make the order it considers proper with respect to the property in dispute (including an order that the property be sold or partitioned), and as to the costs consequent on the application, and<\/p>\n<p>(b) direct the inquiries, and give the other directions, it considers proper in relation to the application.<\/p>\n<p>(3) A civil partner or a child of a deceased person who was a civil partner before death may make an application under subsection (1) when he or she is of the view that the conditions specified in subsection (4) are present.<\/p>\n<p>(4) The conditions for an application under subsection (3) are:<\/p>\n<p>(a) the applicant claims that the other civil partner has possessed or controlled\u2014<\/p>\n<p>(i) money to which, or a share of which, the applicant was beneficially entitled whether because it represented the proceeds of sale of property to which, or to an interest in which, the applicant was beneficially entitled or for any other reason, or<\/p>\n<p>(ii) property other than money to which, or to an interest in which, the applicant was beneficially entitled;<\/p>\n<p>and<\/p>\n<p>(b) the money or the property has ceased to be in the possession or under the control of the other civil partner or the applicant does not know whether it is still in the possession or under the control of the other civil partner.<\/p>\n<p>(5) If the court is satisfied on an application under subsections (1) and (3) of the matters specified in subsection (6), the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of that order, make an order requiring the other civil partner to pay to the applicant\u2014<\/p>\n<p>(a) a sum in respect of the money to which the application relates, or the applicant\u2019s proper share of it, or<\/p>\n<p>(b) a sum in respect of the value of the property other than money, or the applicant\u2019s proper share of it.<\/p>\n<p>(6) For the purposes of subsection (5), the court must be satisfied that\u2014<\/p>\n<p>(a) the other civil partner possesses or controls, or has possessed or controlled, money or other property referred to in subsection (4)(a)(i) or (ii), and<\/p>\n<p>(b) the other civil partner has not made to the applicant a payment or disposition other than a testamentary disposition that would have been appropriate in the circumstances.<\/p>\n<p>(7) A person (other than the applicant or the other civil partner) who is a party to proceedings under this section shall be treated as a stakeholder only, for the purposes of costs or any other matter.<\/p>\n<p>(8) In this section, references to a civil partner include references to\u2014<\/p>\n<p>(a) a personal representative of a deceased civil partner, and<\/p>\n<p>(b) either of the parties to a void civil partnership, whether or not it has been the subject of a decree of nullity granted under section 107.<\/p>\n<p>S.I. No. 649\/2010 &#8211;<\/p>\n<h2>Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 31st December, 2010.<\/p>\n<p>I, DERMOT AHERN, Minister for Justice and Law Reform, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010), and having complied with subsection (1) of that section, hereby order as follows:<\/p>\n<p>1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010.<\/p>\n<p>2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule, is declared to be entitled to be recognised as a civil partnership.<\/p>\n<p>Article 2<\/p>\n<p>Schedule<\/p>\n<p>ReferenceNumber(1)<\/p>\n<p>Jurisdiction(2)<\/p>\n<p>Title of Relationship(3)<\/p>\n<p>1.<\/p>\n<p>Argentina<\/p>\n<p>Marriage<\/p>\n<p>2.<\/p>\n<p>Austria<\/p>\n<p>Eingetragene Partnerschaft-Gesetz<\/p>\n<p>3.<\/p>\n<p>Belgium<\/p>\n<p>Marriage<\/p>\n<p>4.<\/p>\n<p>Canada<\/p>\n<p>Marriage<\/p>\n<p>5.<\/p>\n<p>Czech Republic<\/p>\n<p>Registrovan\u00e9 partnerstv\u00ed<\/p>\n<p>6.<\/p>\n<p>Denmark<\/p>\n<p>Registreret partnerskab<\/p>\n<p>7.<\/p>\n<p>Finland<\/p>\n<p>Rekisterity parisuhde<\/p>\n<p>8.<\/p>\n<p>Germany<\/p>\n<p>Eingetragene lebenspartnerschaft<\/p>\n<p>9.<\/p>\n<p>Iceland<\/p>\n<p>(a) Stafest samvist(b) Marriage<\/p>\n<p>10.<\/p>\n<p>Mexico City<\/p>\n<p>Marriage<\/p>\n<p>11.<\/p>\n<p>Netherlands<\/p>\n<p>Marriage<\/p>\n<p>12.<\/p>\n<p>New Zealand<\/p>\n<p>Civil Union<\/p>\n<p>13.<\/p>\n<p>Norway<\/p>\n<p>(a) Registrert partnerskap(b) Marriage<\/p>\n<p>14.<\/p>\n<p>Portugal<\/p>\n<p>Marriage<\/p>\n<p>15.<\/p>\n<p>South Africa<\/p>\n<p>Marriage<\/p>\n<p>16.<\/p>\n<p>Spain<\/p>\n<p>Marriage<\/p>\n<p>17.<\/p>\n<p>Sweden<\/p>\n<p>(a) Registrerat partnerskap(b) Marriage<\/p>\n<p>18.<\/p>\n<p>Switzerland<\/p>\n<p>Eingetragene Partnerschaft \/ Partenariat enregistr\u00e9<\/p>\n<p>19.<\/p>\n<p>United Kingdom<\/p>\n<p>Civil Partnership<\/p>\n<p>20.<\/p>\n<p>California (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>21.<\/p>\n<p>Connecticut (United States of America)<\/p>\n<p>(a) Civil Union(b) Marriage<\/p>\n<p>22.<\/p>\n<p>Iowa (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>23.<\/p>\n<p>Massachusetts (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>24.<\/p>\n<p>New Hampshire (United States of America)<\/p>\n<p>(a) Civil Union(b) Marriage<\/p>\n<p>25.<\/p>\n<p>New Jersey (United States of America)<\/p>\n<p>Civil Union<\/p>\n<p>26.<\/p>\n<p>Vermont (United States of America)<\/p>\n<p>(a) Civil Union(b) Marriage<\/p>\n<p>27.<\/p>\n<p>Washington D.C. (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>23 December 2010.<\/p>\n<p>DERMOT AHERN,<\/p>\n<p>Minister for Justice and Law Reform.<\/p>\n<h4>EXPLANATORY NOTE.<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Law Reform being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .<\/p>\n<p>S.I. No. 642\/2011 &#8211;<\/p>\n<h2>Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 16th December, 2011.<\/p>\n<p>I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011) ( S.I. No. 138 of 2011 )), and having complied with subsection (1) of that section, hereby order as follows:<\/p>\n<p>1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011.<\/p>\n<p>2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule, is declared to be entitled to be recognised as a civil partnership.<\/p>\n<p>Schedule<\/p>\n<p>Article 2<\/p>\n<p>Reference<\/p>\n<p>Number<\/p>\n<p>(1)<\/p>\n<p>Jurisdiction<\/p>\n<p>(2)<\/p>\n<p>Title of<\/p>\n<p>Relationship<\/p>\n<p>(3)<\/p>\n<p>1.<\/p>\n<p>Isle of Man<\/p>\n<p>Civil Partnership<\/p>\n<p>2.<\/p>\n<p>South Africa<\/p>\n<p>Civil Partnership<\/p>\n<p>3.<\/p>\n<p>Illinois (United States of America)<\/p>\n<p>Civil Union<\/p>\n<p>4.<\/p>\n<p>New York (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>5.<\/p>\n<p>Oregon (United States of America)<\/p>\n<p>Domestic Partnership<\/p>\n<p>6.<\/p>\n<p>Rhode Island (United States of America)<\/p>\n<p>Civil Union<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>4 December 2011.<\/p>\n<p>ALAN SHATTER,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .<\/p>\n<p>S.I. No. 505\/2012 &#8211;<\/p>\n<h2>Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012.<\/h2>\n<p>View SIAmendments<br \/>\nNotice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 14th December, 2012.<\/p>\n<p>I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011) ( S.I. No. 138 of 2011 )), and having complied with subsection (1) of that section, hereby order as follows:<\/p>\n<p>1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012.<\/p>\n<p>2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule, is declared to be entitled to be recognised as a civil partnership.<\/p>\n<p>Article 2<\/p>\n<p>SCHEDULE<\/p>\n<p>Reference Number<\/p>\n<p>(1)<\/p>\n<p>Jurisdiction<\/p>\n<p>(2)<\/p>\n<p>Title of Relationship<\/p>\n<p>(3)<\/p>\n<p>1.<\/p>\n<p>Denmark<\/p>\n<p>Marriage<\/p>\n<p>2.<\/p>\n<p>Delaware (United States of America)<\/p>\n<p>Civil Union<\/p>\n<p>3.<\/p>\n<p>Hawaii (United States of America)<\/p>\n<p>Civil Union<\/p>\n<p>4.<\/p>\n<p>Washington (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>10 December 2012.<\/p>\n<p>ALAN SHATTER,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation)<\/p>\n<p>This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .<\/p>\n<p>S.I. No. 490\/2013 &#8211;<\/p>\n<h2>Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013.<\/h2>\n<p>View SIAmendments<br \/>\nNotice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 17th December, 2013.<\/p>\n<p>I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011) ( S.I. No. 138 of 2011 )), and having complied with subsection (1) of that section, hereby order as follows:<\/p>\n<p>1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013.<\/p>\n<p>2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule, is declared to be entitled to be recognised as a civil partnership.<\/p>\n<p>Schedule<\/p>\n<p>Article 2<\/p>\n<p>Reference Number<\/p>\n<p>(1)<\/p>\n<p>Jurisdiction<\/p>\n<p>(2)<\/p>\n<p>Title of Relationship (3)<\/p>\n<p>1.<\/p>\n<p>Australian Capital Territory (Australia)<\/p>\n<p>Marriage<\/p>\n<p>2.<\/p>\n<p>Brazil<\/p>\n<p>Marriage<\/p>\n<p>3.<\/p>\n<p>France<\/p>\n<p>Marriage<\/p>\n<p>4.<\/p>\n<p>Jersey<\/p>\n<p>Civil Partnership<\/p>\n<p>5.<\/p>\n<p>Quintana Roo (Mexico)<\/p>\n<p>Marriage<\/p>\n<p>6.<\/p>\n<p>New Zealand<\/p>\n<p>Marriage<\/p>\n<p>7.<\/p>\n<p>Colorado (United States of America)<\/p>\n<p>Civil Union<\/p>\n<p>8.<\/p>\n<p>Delaware (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>9.<\/p>\n<p>Maine (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>10.<\/p>\n<p>Maryland (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>11.<\/p>\n<p>Minnesota (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>12.<\/p>\n<p>New Jersey (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>13.<\/p>\n<p>Rhode Island (United States of America)<\/p>\n<p>Marriage<\/p>\n<p>14.<\/p>\n<p>Uruguay<\/p>\n<p>Marriage<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>10 December 2013.<\/p>\n<p>ALAN SHATTER,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE.<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 132\/2016 &#8211;<\/p>\n<h2>Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 11th March, 2016.<\/p>\n<p>I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), and having complied with subsection (1) of that section, hereby order as follows:<\/p>\n<p>1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016.<\/p>\n<p>2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule is declared to be entitled to be recognised as a civil partnership.<\/p>\n<p>Schedule<\/p>\n<p>Article 2<\/p>\n<p>Reference number (1)<\/p>\n<p>Jurisdiction (2)<\/p>\n<p>Title of Relationship (3)<\/p>\n<p>1.<\/p>\n<p>Croatia<\/p>\n<p>ivotnog partnerstva<\/p>\n<p>2.<\/p>\n<p>Gibraltar<\/p>\n<p>Civil Partnership<\/p>\n<p>3.<\/p>\n<p>Liechtenstein<\/p>\n<p>Lebenspartnerschaft<\/p>\n<p>4.<\/p>\n<p>Malta<\/p>\n<p>Civil Union<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>3 March 2016.<\/p>\n<p>FRANCES FITZGERALD,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation)<\/p>\n<p>This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/p>\n<h2>CIVIL REGISTRATION ACT<\/h2>\n<p>F192[PART 7A<\/p>\n<p>Registration of Civil Partnerships ]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F192<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>Section 59A<br \/>\nF193[<\/p>\n<h4>Definitions (Part 7A).<\/h4>\n<p>59A.\u2014In this Part\u2014<\/p>\n<p>&#8220;civil partnership registration form&#8221; means a form prescribed under section 59C;<\/p>\n<p>F194[&#8220;place that is open to the public&#8221; has the meaning given by section 59D(1A);]<\/p>\n<p>&#8220;register&#8221; means the register of civil partnerships.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F193<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F194<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 20, S.I. No. 357 of 2015.<\/p>\n<p>Section 59B<br \/>\nF195[<\/p>\n<p>Notification of civil partnerships.<\/p>\n<p>59B.\u2014F196[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F195<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F196<br \/>\nRepealed (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(b), S.I. No. 504 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E90<br \/>\nPrevious affecting provision: subs. (6) amended by Civil Registration (Amendment) Act 2014 (34\/2014), s. 21(a), not commenced; section repealed as per F-note above.<\/p>\n<p>E91<br \/>\nPrevious affecting provision: subs. (6A) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 21(b), S.I. No. 357 of 2015; section repealed as per F-note above.<\/p>\n<p>E92<br \/>\nPower pursuant to subs. (5) exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010), in effect as per reg. 1(2).<\/p>\n<p>E93<br \/>\nPrevious affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.<\/p>\n<p>E94<br \/>\nPrevious affecting provision: power pursuant to subs. (6) exercised (1.01.2011) by Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(c), in effect as per reg. 2.<\/p>\n<p>E95<br \/>\nPrevious affecting provision: section inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010; repealed as per F-note above.<\/p>\n<p>Section 59C<br \/>\nF197[<\/p>\n<h4>Civil partnership registration form.<\/h4>\n<p>59C.\u2014 (1) F198[\u2026]<\/p>\n<p>(2) F198[\u2026]<\/p>\n<p>(3) F198[\u2026]<\/p>\n<p>(4) F198[\u2026]<\/p>\n<p>(5) The Minister may prescribe the civil partnership registration form.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F197<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F198<br \/>\nDeleted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(c), S.I. No. 504 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E96<br \/>\nPower pursuant to subs. (5) exercised (1.01.2011) by Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010), in effect as per reg. 1(2).<\/p>\n<p>E97<br \/>\nPrevious affecting provision: subs. (4) amended by Civil Registration (Amendment) Act 2014 (34\/2014), s. 22, not commenced; repealed as per F-note above.<\/p>\n<p>Section 59D<br \/>\nF199[<\/p>\n<h4>Civil partnership registration.<\/h4>\n<p>59D.\u2014 (1) F200[\u2026]<\/p>\n<p>F201[(1A) F200[\u2026]]<\/p>\n<p>(2) F200[\u2026]<\/p>\n<p>(3) F200[\u2026]<\/p>\n<p>(4) F200[\u2026]<\/p>\n<p>(5) F200[\u2026]<\/p>\n<p>(6) (a) F200[\u2026]<\/p>\n<p>(b) F200[\u2026]<\/p>\n<p>(c) As soon as practicable after the signatures and counter-signature, the registrar shall F202[\u2026] enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>(7) Where an tArd-Chl\u00e1raitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar\u2014<\/p>\n<p>(a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and<\/p>\n<p>(b) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>(8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.<\/p>\n<p>(9) Where an tArd-Chl\u00e1raitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)\u2014<\/p>\n<p>(a) an tArd-Chl\u00e1raitheoir shall direct a registrar to cancel the entry,<\/p>\n<p>(b) the registrar shall cancel the entry, and<\/p>\n<p>(c) an tArd-Chl\u00e1raitheoir shall notify the parties.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F199<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F200<br \/>\nDeleted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(d), S.I. No. 504 of 2015.<\/p>\n<p>F201<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 23(a), S.I. No. 357 of 2015.<\/p>\n<p>F202<br \/>\nDeleted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 23(b), S.I. No. 357 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E98<br \/>\nPower pursuant to subs. (8) exercised (1.01.2011) by Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010), in effect as per reg. 1(2).<\/p>\n<p>Section 59E<br \/>\nF203[Places and times for registration of civil partnerships.<\/p>\n<p>59E.\u2014F204[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F203<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F204<br \/>\nRepealed (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(e), S.I. No. 504 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E99<br \/>\nPrevious affecting provision: subs. (5) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 24, S.I. No. 357 of 2015; repealed as per F-note above.<\/p>\n<p>Section 59F<br \/>\nF205[Objections.<\/p>\n<p>59F.\u2014F206[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F205<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F206<br \/>\nRepealed (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(f), S.I. No. 504 of 2015.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E100<br \/>\nPrevious affecting provision: section amended by Assisted Decision-Making (Capacity) Act 2015 (64\/2015), s. 143(d), not commenced prior to repeal of section; section repealed as per F-note above.<\/p>\n<p>E101<br \/>\nPrevious affecting provision: subss. (4)(cc), (4A)-(4C), (6A) and (8A) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 25, S.I. No. 357 of 2015; section repealed as per F-note above.<\/p>\n<p>Section 59G<br \/>\nF207[Where interpretation required.<\/p>\n<p>59G.\u2014F208[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F207<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F208<br \/>\nRepealed (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(g), S.I. No. 504 of 2015.<\/p>\n<p>Section 59H<br \/>\nF209[Effect of registration.<\/p>\n<p>59H.\u2014F210[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F209<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F210<br \/>\nRepealed (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(h), S.I. No. 504 of 2015.<\/p>\n<p>Section 59I<br \/>\nF211[Effect of this Part.<\/p>\n<p>59I.\u2014F212[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F211<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 16, S.I. No. 648 of 2010.<\/p>\n<p>F212<br \/>\nRepealed (16.11.2015) by Marriage Act 2015 (35\/2015), s. 8(i), S.I. No. 504 of 2015.<\/p>\n<p>Section 59IA<br \/>\nF213[<\/p>\n<h4>Civil Partnership ceremonies performed at certain embassies or diplomatic missions<\/h4>\n<p>59IA. (1) This section applies to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State.<\/p>\n<p>(2) A civil partnership to which this section applies, subject to subsection (3), shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been a civil partnership registered in the State in compliance with this Act.<\/p>\n<p>(3) This section shall not operate to validate a civil partnership to which this section applies where\u2014<\/p>\n<p>(a) an impediment to the civil partnership existed on the date that the ceremony of civil partnership took place,<\/p>\n<p>(b) the parties to the ceremony of civil partnership have obtained a decree of dissolution of civil partnership under section 110 of the Act of 2010, or a decree of nullity of civil partnership, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,<\/p>\n<p>(c) a party to the civil partnership has entered into a later marriage or civil partnership with another person, or<\/p>\n<p>(d) the parties to the civil partnership have entered into a later civil partnership with each other.<\/p>\n<p>(4) Nothing in the application of this section to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State\u2014<\/p>\n<p>(a) gives or affects any entitlement to an interest\u2014<\/p>\n<p>(i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or<\/p>\n<p>(ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),<\/p>\n<p>or<\/p>\n<p>(b) gives or affects any entitlement to a benefit, allowance, pension or other payment\u2014<\/p>\n<p>(i) payable before, or in respect of a period before, commencement of this section, or<\/p>\n<p>(ii) payable in respect of the death of a person before that commencement,<\/p>\n<p>or<\/p>\n<p>(c) affects tax in respect of a period or event before the commencement of this section.<\/p>\n<p>(5) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.<\/p>\n<p>(6) This section shall not apply to a civil partnership where the ceremony of civil partnership takes place on or after the commencement of this section, in an embassy or diplomatic mission in the State.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F213<br \/>\nInserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 26(1), S.I. No. 550 of 2020, subject to transitional provision in subs. (2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E102<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>F214[PART 7B<\/p>\n<h4>Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership<\/h4>\n<p>]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F214<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 17, S.I. No. 648 of 2010.<\/p>\n<p>Section 59J<br \/>\nF215[<\/p>\n<h4>Registration of decrees of dissolution and decrees of nullity of civil partnership.<\/h4>\n<p>59J.\u2014 (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule.<\/p>\n<p>(2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule.<\/p>\n<p>(3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2).<\/p>\n<p>(4) The Courts Service shall notify an tArd-Chl\u00e1raitheoir of an amendment or cancellation under subsection (3).<\/p>\n<p>(5) This section has effect notwithstanding any statutory provision that conflicts with it.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F215<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 17, S.I. No. 648 of 2010.<\/p>\n<p>F216[Part 7C<\/p>\n<p>Dissolution and Transitional]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F216<br \/>\nInserted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 10, S.I. No. 504 of 2015.<\/p>\n<p>Section 59K<br \/>\nF217[<\/p>\n<h4>Registration of dissolution of civil partnership on marriage<\/h4>\n<p>59K. Where a civil partnership which is registered in the register of civil partnerships stands dissolved by virtue of section 109A (inserted by section 11 of the Marriage Act 2015) of the Act of 2010 on the marriage of two persons solemnised under and in accordance with this Act, the registrar shall enter that dissolution as a particular in the entry concerning that civil partnership in that register.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F217<br \/>\nInserted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 10, S.I. No. 504 of 2015.<\/p>\n<p>Section 59L<br \/>\nF218[<\/p>\n<h4>Transitional provisions consequent on Marriage Act 2015<\/h4>\n<p>59L. (1) On the commencement of section 8 of the Marriage Act 2015, a notification of an intention to enter into a civil partnership given under section 59B and in force immediately before that commencement, may, if requested by the parties concerned, be taken to be and treated by a registrar as if it were a notification of their intention to marry given under section 46.<\/p>\n<p>(2) Notwithstanding the commencement of section 8 of the Marriage Act 2015,the provisions of this Act referred to in that section shall continue to apply\u2014<\/p>\n<p>(a) where a civil partnership registration form was duly completed under section 59C and that form is valid under subsection (4) of that section immediately before that commencement, or<\/p>\n<p>(b) in relation to a civil partnership registration in respect of which an objection under section 59F is made, whether the objection is made before or after that commencement.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F218<br \/>\nInserted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 10, S.I. No. 504 of 2015.<\/p>\n<p>PART 8<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11570\" data-postid=\"11570\" class=\"themify_builder_content themify_builder_content-11570 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Background Civil partnership legislation has been progressively introduced in Western European countries throughout the start of the 21st century.\u00a0It was introduced in England and Wales in 2005. It provided recognition for relationships between same-sex couples. It did not go so far as to provide equivalent rights to marriage. However, civil partners are treated like spouses [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[106],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11570"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11570"}],"version-history":[{"count":24,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11570\/revisions"}],"predecessor-version":[{"id":35616,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11570\/revisions\/35616"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}