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Cohabitation Agreement

Under legistation introduced in 2010 'qualified cohabitants' can have certain rights and obligations. This process drafts a cohabitation agreement to protect the interests of a cohabiting couple in an intimate relationship who are not married to each other or in a registered civil partnership and are either already living together or plan to live together in a home that they are renting or which is owned by one or both parties. This document will regulate the financial interests of the couple during the relationship and, should their relationship come to an end, deal with common issues such as the division of joint assets, the mutual home and joint bank accounts etc.. A cohabitants’ agreement is legally valid only if the cohabitants have each received independent legal advice or have received legal advice together and have waived the right to independent legal advice, the agreement is in writing and signed by both cohabitants, and the general law of contract is complied with. The court may vary or set aside a cohabitants’ agreement in exceptional circumstances where its enforceability would cause serious injustice.

SEE: Cohabitation agreement

Prenuptial/Pre-Civil Partnership Agreement

Use this document to state what should happen to assets should your marriage or civil partnership end. Although prenuptial/pre-civil partnership agreements are not legally enforceable in the Republic of Ireland, a court may have regard to such an agreement as a record of the wishes of the parties where both have taken legal advice on the contents of the agreement prior to signing it. These agreements also carry more weight since the judgment in the UK Supreme Court case of Radmacher vs Granatino. This is because they are no longer seen as 'contrary to public policy' in the UK, i.e. no longer seen as a perversion of justice or harmful to the State and the public. Courts in the Republic of Ireland may therefore have recourse or give effect to such agreements, particularly given the existence of consent, when deciding on settlements.

SEE: Prenuptial/pre-civil partnership agreement

Law guides

You can also consult our free plain-English law guide on living togther:

SEE: Living together outside of marriage