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THE CIVIL PARTNERSHIP ACT 2010

THE CIVIL PARTNERSHIP ACT 2010. Dr Kieran Doran, Solicitor Associate Lecturer Law School Incorporated Law Society of Ireland . THE CIVIL PARTNERSHIP ACT 2010. Purpose of the Act: The Civil Partnership Act 2010 seeks to establish a range of rights, obligations and protections for same-

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THE CIVIL PARTNERSHIP ACT 2010

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  1. THE CIVIL PARTNERSHIP ACT 2010 Dr Kieran Doran, Solicitor Associate Lecturer Law School Incorporated Law Society of Ireland

  2. THE CIVIL PARTNERSHIP ACT 2010 Purpose of the Act: The Civil Partnership Act 2010 seeks to establish a range of rights, obligations and protections for same- sex couples through the establishment of Civil Partnerships; and The Civil Partnership Act 2010 seeks to establish rights for both same-sex and opposite sex co-habiting couples who are not in a Civil Partnership or Married.

  3. THE CIVIL PARTNERSHIP ACT 2010 Origins of the Act: The Civil Partnership Act 2010 is a result of a number of Reports: • 10th All-Party Report on “The Family” January 2006; • Working Group on Domestic Partnerships “Options Paper” November 2006; and • The Law reform Commission Report on “The Rights and Duties of Co-Habitants” December 2006.

  4. THE CIVIL PARTNERSHIP ACT 2010 Parts of the Act: Part 1: Preliminary and General; Part 2: Status of Civil Partnership; Part 3: Registration of Civil Partnership; Part 4: Shared Home Protection; Part 5: Maintenance of Civil Partner; Part 6: Attachment of Earnings; Part 7: Miscellaneous Provisions Relating to Parts 5 and 6;

  5. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession Rights; Part 9: Domestic Violence; Part 10: Miscellaneous Provisions of Civil Partnership Registration; Part 11: Nullity of Civil Partnership; Part 12: Dissolution of Civil Partnership; Part 13: Jurisdiction and Other Related Matters; Part 14: Other Consequential Amendments; Part 15: Co-Habitants; and Part 16: Miscellaneous Provisions.

  6. THE CIVIL PARTNERSHIP ACT 2010 Part 1: Preliminary and General; Definition of Civil Partnership: A Civil Partner is either of two (2) persons of the same sex who are: • Parties to a Civil Partnership Registration that has not been dissolved or the subject of a Decree of Nullity; or • Parties to a legal relationship that is subject of an Order under S. 5 that has not been dissolved or the subject of a Decree of Nullity.

  7. THE CIVIL PARTNERSHIP ACT 2010 Part 2: Status of Civil Partnership: S. 4 of the Act confers on the Court the power to make Declarations as to the validity or otherwise of a Civil Partnership. Application maybe made by either party to the Civil Partnership or a Party considered to have a “sufficient interest in the matter”.

  8. THE CIVIL PARTNERSHIP ACT 2010 Part 2: Status of Civil Partnership: S. 5 of the Act confers on the Minister for Justice, Equality and Law Reform the right to recognise Civil Partnerships from outside of the State setting out criteria for the recognition of such Civil Partnerships, i.e. exclusivity of the relationship, permanency of the relationship, legal registration of the Civil Partnership in the relevant jurisdiction, and the rights and obligations are compatible with a Civil Partnership.

  9. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 7 of the Act inserts definition of “Civil Status” which replaces “Marital Status”; S. 8 of the Act extends the functions of the Civil Registration Service to include registration of Civil Partnerships, Decrees of Dissolution of Civil Partnerships and Decrees of Nullity of Civil Partnerships;

  10. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 9 of the Act extends the range of Registers to be maintained to include Register of Civil Partnership, Register of Decrees of Dissolution and Register of Nullity of Civil Partnership; S. 10 of the Act brings Civil Partnerships under the jurisdiction of a Registrar;

  11. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 11 & 12 of the Act changes reference to “Nullity” to “Nullity of Marriage” to clarify the issue of the registration of the biological parents of the child/children; S. 13 of the Act notification of the death of Civil Partner by the other Civil Partner to the Registrar;

  12. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 16 of the Act inserts a new Part 7 A into the 2004 Act setting out the formalities for the Registration of a Civil Partnership including Notification Requirements, Registration Process and the process for the lodging of an Objection to the Registration of a Civil Partnership;

  13. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 17 of the Act inserts a new Part 7 B into the 2004 Act To provide for the registration by an Officer of the Courts Service of Decrees of Dissolution of Civil Partnership or Decrees of Nullity of Civil Partnership;

  14. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 18 of the Act amends S. 60 of the 2004 Act and places a responsibility on the Registrar to notify the parties to a Civil Partnership that he/she does not propose to register and the reasons for it; S. 19 of the Act amends S. 64 of the 2004 Act and permits non-registration of the Civil Partnership if the requisite formalities are not observed;

  15. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 20 of the Act amends S. 65 of the 2004 Act and Permits an Enquiry into the Registration of a Civil Partnership in order to ensure compliance with the formalities and allow any corrective measures if required;

  16. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 22 of the Act amends S. 69 of the 2004 Act setting out Offences in regard to Registration of a Civil Partnership e.g. Registrar fails or refuses to register a Civil Partnership without reasonable cause or any Party that objects to the Registration of a Civil Partnership on ground without foundation;

  17. THE CIVIL PARTNERSHIP ACT 2010 Part 3: Registration of Civil Partnership: Amendments to Civil Registration Act 2004 S. 26 of the Act inserts a new Third Schedule to the 2004 Act setting out Prohibited Degrees of Relationship.

  18. THE CIVIL PARTNERSHIP ACT 2010 Part 4: Shared Home Protection: S. 28 of the Act establishes certain Guidelines regarding the conveyance of a shared home between Civil Partners, for example the need to obtain the written consent of the other Civil Partner in advance of the conveyance or a conveyance may not be declared void by legal proceedings more than six (6) years after the date of the conveyance;

  19. THE CIVIL PARTNERSHIP ACT 2010 Part 4: Shared Home Protection: S. 29 of the Act enables the Court to dispense with the consent of the Civil partner if unreasonably withheld, or if the Civil Partner is held not to have the mental capacity to do so; S. 30 of the Act permits an application to be made to the Court to prohibit any reduction of his/her interest in the house or the rendering if it as being unsuitable for Habitation;

  20. THE CIVIL PARTNERSHIP ACT 2010 Part 4: Shared Home Protection: S. 32 of the Act permits a Civil Partner to contest or adjourn proceedings for non-payment of the Mortgage by the other Civil Partner if he/she is willing to pay; S. 34 of the Act permits the Court to prohibit a Civil Partner from disposing of any household goods or chattels if it is of the view that it would make the shared home uninhabitable or pay for them prior to removal from the shared home;

  21. THE CIVIL PARTNERSHIP ACT 2010 Part 4: Shared Home Protection: S. 39 of the Act amends the Residential Tenancies Act 2004 to extend to Civil Partners the provisions relating to Spouses particularly permitting a person to take over the tenancy on the death of the Civil Partner; S. 41 of the Act amends the Civil Legal Aid Act 1995 in that Legal Aid may be granted in relation to Legal Disputes between Civil Partners in regard to property under this Part or generally.

  22. THE CIVIL PARTNERSHIP ACT 2010 Part 5: Maintenance of Civil Partner: S. 44 of the Act permits a Civil Partner to apply to the Court to order the other Civil Partner to make maintenance payments, unless the applicant has deserted the other Civil Partner. The Court will use the following criteria in its deliberations e.g. the level of income, personal assets, existence of any dependant children or former spouse;

  23. THE CIVIL PARTNERSHIP ACT 2010 Part 5: Maintenance of Civil Partner: S. 45 of the Act permits the Court to discharge a Maintenance Order or vary it; S. 48 of the Act permits a Civil Partner to apply to Court to direct the Trustees of a Pension Scheme to disregard the fact that they are living apart for the purposes of the operation of the Pension Scheme; S. 49 of the Act permits the Court to take steps to enforce the Maintenance Order.

  24. THE CIVIL PARTNERSHIP ACT 2010 Part 6: Attachment of Earnings: S. 50 of the Act permits the Court to make an Attachment of Earnings Order to enforce a Maintenance Order to be paid to the District Court Clerk, but making provision for representations to be made by the Debtor; S. 51 of the Act permits the serving of the Maintenance Order on the Employer;

  25. THE CIVIL PARTNERSHIP ACT 2010 Part 6: Attachment of Earnings: S. 53 of the Act requires that the Maintenance Debtor supply to the Court certain details of his/her Employer including expected earnings, resources and needs; S. 54 of the Act requires a notification to the Court by the Maintenance Debtor within ten (10) days of any change in the Employer’s position or his/her Employment Status;

  26. THE CIVIL PARTNERSHIP ACT 2010 Part 6: Attachment of Earnings: S. 55 of the Act allows the Court to adjudicate whether or not certain types of payments are earnings for the purposes of a Maintenance Order; S. 57 of the Act allows for the variation of an Attachment of Earnings Order and the compliance of the Employer but only after the elapse of ten (10) days; S. 60 of the Act permits the recovery of unpaid sums and sets out Offences in regard to non-payment.

  27. THE CIVIL PARTNERSHIP ACT 2010 Part 7: Miscellaneous Provisions Parts 5 and 6: S. 62 of the Act extends the provisions of S. 8 of the Enforcement of Court Orders Act 1940 which provides remedies for non-payment of Maintenance Payments; S. 63 of the Acts states that any interest in Property acquired through payment of a household allowance by one Civil Partner to the other will be held equally unless otherwise agreed.

  28. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession: Amendment of the Succession Act 1965 S. 67 of the Act amends S. 56 of the 1965 Act stating that when a Civil Partner dies his/her surviving Civil Partner may, if residing there at the time of death, claim a legal right share; S. 70 of the Act inserts a new S. 67 A and B in the 1965 Act governing the distribution on Intestacy of a deceased Civil Partner’s Estate;

  29. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession: Amendment of the Succession Act 1965 S. 76 of the Act amends S. 85 (1) of the 1965 Act to ensure that where a Will is made prior to Registration of a Civil Partnership it is revoked unless it is expressly made in contemplation of that Registration; S. 78 of the Act inserts a new S. 111 A of the 1965 Act stating that the legal right share of a surviving Civil Partner is half with no issue, a third with issue;

  30. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession: Amendment of the Succession Act 1965 S. 80 of the Act inserts a new S. 113 A of the 1965 Act permitting a Civil Partner to renounce his/her legal right share in a written agreement made between the Parties prior to Registration or afterwards during the lifetime of the Testator;

  31. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession: Amendment of the Succession Act 1965 S. 83 of the Act inserts a new Subsection 3 A into S. 117 of the 1965 Act to protect the legal right share of the surviving Civil Partner in the event of a Claim by a Child of the deceased Civil Partner for failure to make proper provision for the Child;

  32. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession: Amendment of the Succession Act 1965 S. 84 of the Act amends S. 120 of the 1965 Act in excluding certain persons from Succession Rights who have deserted the other Civil Partner prior to death or whose behaviour caused the other Civil Partner to leave him/her ;

  33. THE CIVIL PARTNERSHIP ACT 2010 Part 8: Succession: Amendment of the Succession Act 1965 S. 86 of the Act amends S. 45 of the Statute of Limitations Act whereby claims to an Estate must be made within six (6) years.

  34. THE CIVIL PARTNERSHIP ACT 2010 Part 9: Domestic Violence: Amendment of the Domestic Violence Act 1996 Ss 89 and 90 of the Act amend Ss 2 and 3 of the 1996 Act to permit a Civil Partner to bring an application for Safety Order and Barring Order respectively; S. 91 of the Act inserts a new S. 8 A of the 1996 Act to restrict the right of either Civil Partner to remove household chattels without consent of the other Civil Partner when a Safety or Barring Order is in place.

  35. THE CIVIL PARTNERSHIP ACT 2010 Part 9: Domestic Violence: Amendment of the Domestic Violence Act 1996 S. 93 of the Act amends S. 13 (2) of the 1996 Act to allow the Court to discharge any Safety Order, Barring Order, Interim Barring Order, or Protection Order when it determines Dissolution or Annulment Proceedings between Civil Partners;

  36. THE CIVIL PARTNERSHIP ACT 2010 Part 10: Miscellaneous Provisions of the 2010 Act: S. 95 of the Act amends the Mental Health Act 2001 to extend to Civil Partners the right to subject the other Civil Partner for Involuntary Admission on Mental Health Grounds; S. 99 of the Act amends the Criminal Damage Act 1991 in order to make the criminal damage of any home or related property an Offence;

  37. THE CIVIL PARTNERSHIP ACT 2010 Part 10: Miscellaneous Provisions of the 2010 Act: S. 100 of the Act amends the Employment Equality Acts 1998-2004 to include Civil Partnership as a ground upon which an Employee or prospective Employee may not be discriminated against i.e. the ground of “Civil Status” as opposed to “Marital Status”; S. 101 of the Act amends the Equal Status Act 2000 in also in regard to the ground of “Marital Status” being amended to “Civil Status”;

  38. THE CIVIL PARTNERSHIP ACT 2010 Part 10: Miscellaneous Provisions of the 2010 Act: S. 102 of the Act amends the Power of Attorney Act 1996 in regard to the notification of the Donor of the Power of Attorney’s Civil Partner, as well as the invalidation of the Power of Attorney in the event that there is a Barring Order or Protection Order made; S. 103 of the Act amends the Civil Liability Act 1961 to permit a Civil Partner sue for damages in the event of the Wrongful Death of the other Civil Partner;

  39. THE CIVIL PARTNERSHIP ACT 2010 Part 11: Nullity of Civil Partnership: S. 105 of the Act confers on the Court the Power to grant a Decree of Nullity and sets out the grounds upon which a Civil Partnership is null and void; S. 106 of the Act sets out the implications for affected Parties in the event that the original Civil Partnership is declared null and void.

  40. THE CIVIL PARTNERSHIP ACT 2010 Part 12: Dissolution of Civil Partnership: S. 108 of the Act permits dissolution in the event that that the Civil Partners have lived apart for a period of at least two (2) out of the previous three (3) years; S. 109 of the Act permits the adjournment of such dissolution proceedings to allow for a reconciliation or use of a Mediator; S. 113 of the Act permits the granting of a Barring Order or Protection Order in the same proceedings

  41. THE CIVIL PARTNERSHIP ACT 2010 Part 12: Dissolution of Civil Partnership: S. 115 of the Act permits the Court to make any periodical payments, secured periodical payments, or a lump sum payment to the other Civil Partner; S. 116 of the Act permits the instigation of a Property Adjustment Order unless the Civil Partner who is to benefit from the Order has got married or entered a new Civil Partnership;

  42. THE CIVIL PARTNERSHIP ACT 2010 Part 12: Dissolution of Civil Partnership: S. 119 of the Act permits the Court on the application of a Civil Partner subsequent to a dissolution to make a Pension Adjustment Order; S. 120 of the Act requires notice to be given to the Trustees of the Pension Scheme in question; Ss 121-124 of the Act set out the procedures for the implementation of the Pension Adjustment Order, Including payment of costs and information required;

  43. THE CIVIL PARTNERSHIP ACT 2010 Part 12: Dissolution of Civil Partnership: S. 125 of the Act permits the Court to make an Order to provide for a person from the Net Estate of his/her deceased Civil Partner; S. 126 of the Act permits the Court to order the sale of property owned by one or both Civil Partners if a Secured Periodical Payment, Lump Sum Order or Property Adjustment Order is made;

  44. THE CIVIL PARTNERSHIP ACT 2010 Part 12: Dissolution of Civil Partnership: S. 127 of the Act sets out the matters that the Court must have regard to when making either an Interim Maintenance Order, Secured Periodical Payment Order, Lump Sum Order, Property Adjustment Order or an Order requiring the at Life Insurance Policy be put in place; S. 134 of the Act ensures that all such Orders are enforceable under the Enforcement of Court Orders Act 1940.

  45. THE CIVIL PARTNERSHIP ACT 2010 Part 13: Jurisdiction Issues: S. 138 of the Act sets out the jurisdiction of the District, Circuit and High Courts in a variety of Civil Partnership Proceedings. A Civil Partner needs to be domiciled in the State or ordinarily resident for a year up to the date of the initiation of Proceedings; S. 141 of the Act states that Civil Partnership Proceedings in the Circuit Court are to be kept separate from other Circuit Court Proceedings.

  46. THE CIVIL PARTNERSHIP ACT 2010 Part 14: Other Consequences of Civil Partnership Registration: S. 149 of the Act amends S. 13 of the Family Law (Divorce) Act of 1996 whereby Periodical Payments for a former Spouse will lapse if the former Spouse enters a Civil Partnership ; S. 153 of the Act amends S. 18 of the 1996 Act in the same way in regard to the making of provision for a former Spouse form the Estate of a deceased Spouse if the former has entered a Civil Partnership.

  47. THE CIVIL PARTNERSHIP ACT 2010 Part 15: Co-Habitants: S. 170 of the Act provides that a Co-Habitant is one (1) of two (2) Adults of the same or opposite sex who live together in an intimate relationship and who are not related in the Prohibited Degrees of Relationship, or are Married or are Civil Partners. A relationship is still an intimate one even if there is no sexual element to it. A qualified Co-Habitant is one who has lived with the other Co-Habitant for five (5) years or two (2) years if there are Issue.

  48. THE CIVIL PARTNERSHIP ACT 2010 Part 15: Co-Habitants: S. 171 of the Act provides that the Court may make a range of Orders , including a Property Adjustment Order, a Maintenance Order and a Pension Adjustment Order if it is satisfied that the applicant Co-Habitant is financially dependent on the other Co-Habitant; S. 174 of the Act provides definitions for Ss 174 to 184 of the Act in regard to the making of an Attachment of Earnings Order for the purpose of securing payments under a Maintenance Order;

  49. THE CIVIL PARTNERSHIP ACT 2010 Part 15: Co-Habitants: Ss 185 to 190 of the Act cover the procedure permitting a qualified Co-Habitant to make an application to the Court for a Pension Adjustment Order in regard to the other qualified Co-Habitant; S. 191 of the Act states that the Court may adjourn Proceedings to allow qualified Co-Habitants an opportunity to attempt a reconciliation as well as the use of a qualified Mediator;

  50. THE CIVIL PARTNERSHIP ACT 2010 Part 15: Co-Habitants: S. 192 of the Act gives the Court power to provide for a qualified Co-Habitant from the Estate of a deceased Co-Habitant. An application should be made within six (6) months of the Grant of Probate or Grant of Administration under the Succession Act 1965. However, this cannot exceed the Legal Right Share he/she is entitled to under the Rules of Intestacy if the Co-Habitant had been Married or in a Civil Partnership;

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