The law changed in January this year to extend a new law governing De Facto partnerships, putting farm and property at risk when a De Facto couple breaks up.
The Civil Partnership and Certain Rights and Obligations of Co-Habitants Act, 2010 (“Co-Habitants Act 2010” for short) extends some of the laws commonly seen in marriage break-ups to De Facto relationships. The large part of the Act that focuses on “Civil Partnerships” for gay couples has attracted most of the headlines. The “Co-Habitants” part of the Act has been neglected, but probably affects a far wider portion of the population.
If a couple can establish that they were in an “intimate and committed relationship” then the Court has the right to make a variety of orders on the breakdown of that relationship. The relationship has to have been in existence for a period of five years – or where there are children – for a period of two years. The types of orders the Court can make are similar to those that are found in separation or divorce proceedings and include:
1. Weekly cash payments or a lump sum cash payment to the other partner.
2. A Property Adjustment Order transferring ownership of part of the property to the other partner.
3. Pension Adjustment Orders allowing the other partner a right to share the pension of the other partner.
4. Provision for the remaining partner out of the estate of the other partner.
The new law is not all bad news. It also makes provision for agreements to be entered into regarding the division of property on the breakdown of the relationship – a type of pre-nuptial agreement. This is something that married couples are not allowed to do. You still have to be careful as the Courts can disregard a De Facto partnership agreement where it feels that the agreement is biased against one of the partners. The best way to protect yourself from the new act is to have your Solicitor draw up a legally binding De Facto property agreement which sets out what is to happen in regards to finances and property if the relationship should break down.