Knowledge

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Source đź“ť

102:
they raise together. The Act provides for the succession of property, pension entitlements, domestic violence, and maintenance in the event of a breakdown of a relationship. The Act does not make any provision for tax entitlements and allowances, nor does it grant any social welfare benefits to civil partners. These issues are to be dealt with in two separate Bills. The Act makes provision for recognition of foreign relationships in Ireland as civil partnerships. The Act does not deal with residency of same-sex couples that wish to become civil partnered in Ireland.
31: 81:. There is no difference, under the Act, in the rights and obligations accorded to opposite-sex cohabiting couples or same-sex cohabiting couples; however, there are significant differences between the rights and obligations accorded to civil partners (same-sex) and those accorded to married couples (opposite-sex). The Act marks the penultimate legal step towards the recognition of same-sex partnerships; following the 143:
civil partners under Irish law from the later of, (a) the day which is 21 days after the date on which the order was made (i.e. 13 January 2011), and (b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into. Four further orders under the Act were made in 2011, 2012, 2013 and 2014, extending the list of recognised foreign relationships.
89:
mechanism for exemptions to be sought through the courts, and the first partnership between two men was registered on 7 February 2011. As required by the legislation, and contrary to some subsequent press coverage, the ceremony took place in public at the Civil Registration Office in Dublin. It was not until 5 April 2011, with the registration of a partnership between Hugh Walsh and
134:
April 2011. The date of commencement of the Act was dependent on further legislation in the areas of taxation and social welfare, which was enacted separately. The Social Welfare and Pensions Bill 2010 was introduced on 19 November 2010. The Bill passed the Dáil on 14 December and the Seanad on 17 December; it was signed by the President on 21 December.
101:
Civil partners must wait two years to get their partnership dissolved. Judicial separation is not allowed. Civil partners are not allowed to adopt children jointly, as married couples are, though one civil partner may adopt singly. Also, civil partners cannot have joint guardianship over any children
133:
The Minister for Justice and Law Reform signed the commencement order for the Act on 23 December 2010. The law came into force on 1 January 2011. Due to the three-month waiting period for all civil ceremonies in Ireland, it was expected that the first civil partnership ceremonies would take place in
146:
Under these orders, a same-sex couple residing in Ireland, but who have already formed, or will form, a legal relationship which is lawful in another jurisdiction, may register to have that relationship recognised in Ireland. Under the Act, such a relationship is recognised in Irish law as a civil
142:
The Minister for Justice and Law Reform also signed, on 23 December 2010, an order under the Act, declaring certain classes of registered foreign relationship to be entitled to be recognised as a civil partnership in Ireland. This order obliges the persons in such a relationship to be treated as
88:
It had been expected that the first civil partnership ceremony under the law would take place in April 2011 due to the need for further legislation to update Ireland's tax code and social welfare laws, and the legal requirement to give three months notice. However, the legislation does provide a
147:
partnership, just as if the couple has formed a civil partnership in Ireland. For example, a same-sex couple living in the Republic of Ireland, but who may already have formed a civil partnership in Northern Ireland under the UK's
129:
said: "This is one of the most important pieces of civil rights legislation to be enacted since independence. Its legislative advance has seen an unprecedented degree of unity and support within both Houses of the Oireachtas."
179:
Civil partnership, as defined by this Act, is exclusively available to same-sex couples, and – until the Thirty-fourth Amendment of the Constitution of Ireland – marriage was exclusively available to opposite-sex couples.
400: 184: 151:, or say, have been legally married in Spain, can apply to have that relationship recognised as a civil partnership in Irish law, without the need to form a new civil partnership under the Act. 167:
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.
616: 196: 636: 218: 176:
While the Act provides many rights and obligations similar to marriage in Ireland, it does not provide the option for same-sex couples to be legally married.
859: 417: 208: 368: 844: 278: 839: 593: 439: 631: 77:. The Act also provides rights for participants in long-term cohabiting relationships who have not entered into a civil partnership or 253: 557: 298: 85:, same-sex partners had access to marriage on the same basis as opposite-sex partners, with civil partnership no longer available. 712: 588: 188: 154:
Section 5 of the Act states the criteria used to govern which classes of foreign relationships can be recognised. They are:
758: 621: 854: 707: 692: 697: 674: 231: 213: 401:"Ahern Welcomes Coming Into Law of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010" 123: 864: 598: 550: 192: 849: 20: 775: 738: 378: 834: 813: 658: 148: 428: 797: 733: 543: 505: 583: 578: 521: 320: 290: 748: 119: 348: 257: 8: 702: 567: 70: 44:
Please help update this article to reflect recent events or newly available information.
792: 529: 494: 483: 472: 461: 450: 235:– a 2006 High Court challenge seeking the recognition of a Canadian same-sex marriage. 666: 641: 224: 111: 82: 115: 535: 506:
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (S5)
373: 753: 161:
the relationship is permanent unless the parties dissolve it through the courts
495:
Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014
484:
Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013
473:
Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012
462:
Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011
451:
Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010
93:, that the media covered a partnership ceremony for the first time in detail. 828: 627:
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
164:
the relationship has been registered under the law of that jurisdiction, and
63:
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
743: 126: 90: 520:
Civil Partnership and Certain Rights and Obligations of Cohabitants Act (
74: 353: 325: 525: 279:
Ireland’s first civil partnerships have taken place early and in secret
66: 717: 440:
President approves banking reform bill after Council of State meeting
418:
Ahern announces commencement of Civil Partnership and Cohabitants Act
16:
Law providing first legal recognition of same-sex couples in Ireland
221:– a 2015 constitutional referendum which allowed same-sex marriage. 78: 118:
on 8 July 2010 by a vote of 48–4. It was signed into law by the
183:
For in-depth analyses of these differences, refer to the
73:
Parliament) which allows same-sex couples to enter into
137: 637:
Thirty-fourth Amendment of the Constitution of Ireland
254:"First civil partnership ceremony for same-sex couple" 219:
Thirty-fourth Amendment of the Constitution of Ireland
185:
seminar study by the Irish Council for Civil Liberties
565: 209:List of laws and reports on LGBT rights in Ireland 195:), and in the case of children, the report by the 826: 291:"First Irish public civil partnership services" 227:– which legalised same-sex marriage in Ireland 551: 860:Marriage, unions and partnerships in Ireland 321:"Civil Partnership Bill passes through Dáil" 189:legal opinion by Barrister Brian Barrington 171: 632:Children and Family Relationships Act 2015 558: 544: 361: 349:"Civil Partnership Bill passes the Seanad" 114:without a vote on 1 July 2010 and by the 499: 369:"Civil Partnership Bill signed into law" 713:Transgender Equality Network of Ireland 524:). Enacted on 19 July 2010. Act of the 158:the relationship is exclusive in nature 827: 429:Social Welfare and Pensions Bill, 2010 105: 845:Family law in the Republic of Ireland 539: 759:Outburst Queer Arts Festival Belfast 622:Offences Against the Person Act 1861 405:Department of Justice and Law Reform 138:Recognition of foreign relationships 24: 840:Acts of the Oireachtas of the 2010s 708:National Lesbian and Gay Federation 301:from the original on 30 August 2011 124:Minister for Justice and Law Reform 13: 693:Campaign for Homosexual Law Reform 14: 876: 514: 698:Gay and Lesbian Equality Network 675:Zappone v. Revenue Commissioners 232:Zappone v. Revenue Commissioners 214:Gay and Lesbian Equality Network 29: 488: 477: 466: 455: 444: 433: 422: 411: 393: 377:. 17 July 2010. Archived from 341: 313: 283: 272: 246: 1: 239: 96: 21:Same-sex marriage in Ireland 7: 739:Dublin Gay Theatre Festival 202: 10: 881: 855:Same-sex union legislation 659:Norris v. Attorney General 149:Civil Partnership Act 2004 110:The Act was passed in the 18: 806: 785: 767: 726: 685: 650: 609: 574: 38:This article needs to be 798:Montague Burton Building 734:Alternative Miss Ireland 172:Difference from marriage 528:. Retrieved from 197:Law Reform Commission 122:on 19 July 2010. The 865:2010 in LGBT history 850:LGBT law in Ireland 703:Gay Doctors Ireland 568:Republic of Ireland 106:Legislative history 776:Gay Community News 530:Irish Statute Book 381:on 21 October 2012 75:civil partnerships 835:2010 in Irish law 822: 821: 814:Irish LGBT people 667:Norris v. Ireland 642:Marriage Act 2015 594:same-sex marriage 225:Marriage Act 2015 193:Marriage Equality 191:(commissioned by 83:Marriage Act 2015 65:is an Act of the 59: 58: 872: 560: 553: 546: 537: 536: 508: 503: 497: 492: 486: 481: 475: 470: 464: 459: 453: 448: 442: 437: 431: 426: 420: 415: 409: 408: 397: 391: 390: 388: 386: 365: 359: 358: 345: 339: 338: 336: 334: 317: 311: 310: 308: 306: 297:. 5 April 2011. 287: 281: 276: 270: 269: 267: 265: 260:on 27 March 2019 256:. Archived from 250: 54: 51: 45: 33: 32: 25: 880: 879: 875: 874: 873: 871: 870: 869: 825: 824: 823: 818: 802: 781: 763: 722: 681: 646: 605: 570: 564: 517: 512: 511: 504: 500: 493: 489: 482: 478: 471: 467: 460: 456: 449: 445: 438: 434: 427: 423: 416: 412: 407:. 17 July 2010. 399: 398: 394: 384: 382: 374:The Irish Times 367: 366: 362: 347: 346: 342: 332: 330: 319: 318: 314: 304: 302: 289: 288: 284: 277: 273: 263: 261: 252: 251: 247: 242: 205: 174: 140: 108: 99: 55: 49: 46: 43: 34: 30: 23: 17: 12: 11: 5: 878: 868: 867: 862: 857: 852: 847: 842: 837: 820: 819: 817: 816: 810: 808: 804: 803: 801: 800: 795: 789: 787: 783: 782: 780: 779: 771: 769: 765: 764: 762: 761: 756: 754:Mr Gay Ireland 751: 746: 741: 736: 730: 728: 724: 723: 721: 720: 715: 710: 705: 700: 695: 689: 687: 683: 682: 680: 679: 671: 663: 654: 652: 648: 647: 645: 644: 639: 634: 629: 624: 619: 613: 611: 607: 606: 604: 603: 602: 601: 596: 586: 581: 575: 572: 571: 563: 562: 555: 548: 540: 534: 533: 522:No. 24 of 2010 516: 515:External links 513: 510: 509: 498: 487: 476: 465: 454: 443: 432: 421: 410: 392: 360: 357:. 8 July 2010. 340: 312: 282: 271: 244: 243: 241: 238: 237: 236: 228: 222: 216: 211: 204: 201: 173: 170: 169: 168: 165: 162: 159: 139: 136: 107: 104: 98: 95: 57: 56: 37: 35: 28: 15: 9: 6: 4: 3: 2: 877: 866: 863: 861: 858: 856: 853: 851: 848: 846: 843: 841: 838: 836: 833: 832: 830: 815: 812: 811: 809: 805: 799: 796: 794: 791: 790: 788: 784: 778: 777: 773: 772: 770: 766: 760: 757: 755: 752: 750: 747: 745: 742: 740: 737: 735: 732: 731: 729: 725: 719: 716: 714: 711: 709: 706: 704: 701: 699: 696: 694: 691: 690: 688: 686:Organisations 684: 677: 676: 672: 669: 668: 664: 661: 660: 656: 655: 653: 649: 643: 640: 638: 635: 633: 630: 628: 625: 623: 620: 618: 615: 614: 612: 608: 600: 597: 595: 592: 591: 590: 587: 585: 582: 580: 577: 576: 573: 569: 561: 556: 554: 549: 547: 542: 541: 538: 531: 527: 523: 519: 518: 507: 502: 496: 491: 485: 480: 474: 469: 463: 458: 452: 447: 441: 436: 430: 425: 419: 414: 406: 402: 396: 380: 376: 375: 370: 364: 356: 355: 350: 344: 329:. 1 July 2010 328: 327: 322: 316: 300: 296: 292: 286: 280: 275: 259: 255: 249: 245: 234: 233: 229: 226: 223: 220: 217: 215: 212: 210: 207: 206: 200: 198: 194: 190: 186: 181: 177: 166: 163: 160: 157: 156: 155: 152: 150: 144: 135: 131: 128: 125: 121: 117: 113: 103: 94: 92: 86: 84: 80: 76: 72: 68: 64: 53: 41: 36: 27: 26: 22: 774: 744:Dublin Pride 673: 665: 657: 626: 584:LGBT history 579:LGBT culture 566:LGBT in the 501: 490: 479: 468: 457: 446: 435: 424: 413: 404: 395: 383:. Retrieved 379:the original 372: 363: 352: 343: 331:. Retrieved 324: 315: 303:. Retrieved 294: 285: 274: 262:. Retrieved 258:the original 248: 230: 182: 178: 175: 153: 145: 141: 132: 127:Dermot Ahern 109: 100: 91:Barry Dignam 87: 62: 60: 47: 39: 651:Legal cases 610:Legislation 599:transgender 589:LGBT rights 264:24 February 829:Categories 793:The George 526:Oireachtas 305:12 October 240:References 97:Provisions 67:Oireachtas 50:March 2016 19:See also: 718:BeLonG To 120:President 807:Category 617:Overview 354:RTÉ News 326:RTÉ News 299:Archived 295:RTÉ News 203:See also 79:marriage 385:17 July 40:updated 786:Places 727:Events 678:(2006) 670:(1988) 662:(1983) 333:1 July 187:, the 116:Seanad 768:Media 71:Irish 749:Gaze 387:2010 335:2010 307:2021 266:2013 112:Dáil 61:The 831:: 403:. 371:. 351:. 323:. 293:. 199:. 559:e 552:t 545:v 532:. 389:. 337:. 309:. 268:. 69:( 52:) 48:( 42:.

Index

Same-sex marriage in Ireland
Oireachtas
Irish
civil partnerships
marriage
Marriage Act 2015
Barry Dignam
Dáil
Seanad
President
Minister for Justice and Law Reform
Dermot Ahern
Civil Partnership Act 2004
seminar study by the Irish Council for Civil Liberties
legal opinion by Barrister Brian Barrington
Marriage Equality
Law Reform Commission
List of laws and reports on LGBT rights in Ireland
Gay and Lesbian Equality Network
Thirty-fourth Amendment of the Constitution of Ireland
Marriage Act 2015
Zappone v. Revenue Commissioners
"First civil partnership ceremony for same-sex couple"
the original
Ireland’s first civil partnerships have taken place early and in secret
"First Irish public civil partnership services"
Archived
"Civil Partnership Bill passes through Dáil"
RTÉ News
"Civil Partnership Bill passes the Seanad"

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.

↑