Dear Claudine,

I was in a relationship with my partner for approximately 15 years and we have three children together. I gave up my job after my last child was born five years ago and have been a full time mother ever since. My partner did support me and the children but has now stopped supporting us since the relationship ended five months ago. My partner owns his own property and is working full-time. I recently heard that I may take a claim against my partner’s property and assets. I would appreciate your advice.

Thank you.

Eva

Dear Eva,

Thank you very much for your letter. You are correct in your belief that you may pursue a claim against your partner but certain grounds must be fulfilled for you to be eligible. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 provides for a Cohabitation Scheme. This means that it applies to opposite sex and same sex couples who are not in a Civil Partnership and who are unrelated to each other. The Redress scheme becomes activated at the end of the relationship or on the death of one of the parties. A “Cohabitant” is defined as “one of two adults who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other. In deciding whether two adults are cohabitants the Court will take into account a number of factors in particular, the duration of the relationship, the degree of financial dependence by one on the other, any financial arrangements between the adults, whether there are dependent children of the relationship etc.. A cohabitant may be regarded as a qualified cohabitant and afforded further protection under the Act, if they have been in a relationship with another adult and immediately before that relationship ended they were living with that other adult as a couple for a period of two years or more in circumstances where they are the parents of one or more dependent children. Where there are no dependent children the period of cohabitation is five years or more. As you have three children together, you have lived together as a couple for more than two years before the relationship ended and you are financially dependent, you are eligible to apply to the Scheme. The financial dependency is a specific requirement. Upon Application to a Court under this Scheme the Court may make any of the following orders: 1) A Property Adjustment Order 2) A Compensatory Maintenance Order and/or 3) A Pension Adjustment Order. In advance of making any order however, the Court must be satisfied that you were financially dependent on your partner and that your financial dependence arises from the relationship or the ending of that relationship. The Court will make its decision on whether it is just and equitable to make an Order in your favour. The Application should be made within two years of the relationship ending whether by death or otherwise apart from exceptional circumstances. I hope that the above is of assistance to you. I would advise that you contact me to discuss your case in more detail.

With Every Good Wish

Claudine