Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 1 Preliminary and General

1. Short title, commencement and collective citation.

1.— (1) This Act may be cited as the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

(2) This Act, other than Part 3, shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Part 3 shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order either generally or with reference to a particular purpose or provision.

2. Interpretation.

2.— In this Act—

“civil partnership registration” means registration of a civil partnership under section 59D (as inserted by section 16 of this Act) of the Civil Registration Act 2004;

F1["dependent child" means a child who is—

(a) under the age of 18 years, or

(b) 18 years of age or over and—

(i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

"dependent child of the civil partners", in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child—

(a) of both civil partners, or adopted by both civil partners under theAdoption Act 2010, or in relation to whom both civil partners are inloco parentis, or

(b) of either civil partner, or adopted by either civil partner under theAdoption Act 2010, or in relation to whom either civil partner is inloco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;]

“Land Registry” has the meaning assigned to it by the Registration of Title Act 1964;

“Minister” means the Minister for Justice and Law Reform;

“Property Registration Authority” has the meaning assigned to it by the Registration of Deeds and Title Act 2006;

“Registry of Deeds” has the meaning assigned to it by the Registration of Deeds and Title Act 2006.

3. Civil partners.

3.— For the purposes of this Act a civil partner is either of two persons of the same sex who are—

(a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or

(b) parties to a legal relationship of a class that is the subject of an order made under section 5that has not been dissolved or the subject of a decree of nullity.

PART 2 Status of Civil Partnership

4. Declarations of civil partnership status.

4.— (1) The court may, on application to it in that behalf by either of the civil partners or by any other person who, in the opinion of the court, has a sufficient interest in the matter, make one or more of the following orders in relation to a civil partnership:

(a) an order declaring that the civil partnership was at its inception a valid civil partnership;

(b) an order declaring that the civil partnership subsisted on a date specified in the application; and

(c) an order declaring that the civil partnership did not subsist on a date specified in the application other than the date of its inception.

(2) The court may only make an order under subsection (1) if one of the civil partners—

(a) is domiciled in the State on the date of the application,

(b) has been ordinarily resident in the State throughout the period of one year immediately preceding the date of the application, or

(c) died before the date of the application and—

(i) was at the time of death domiciled in the State, or

(ii) had been ordinarily resident in the State throughout the period of one year immediately preceding the date of death.

(3) The other civil partner, the civil partners concerned, or the personal representative within the meaning of the Succession Act 1965 of the civil partner or each civil partner shall be joined in proceedings under this section and the court may order that notice of the proceedings be given to any other person that the court may specify.

(4) Where notice of proceedings under this section is given to a person, the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings.

(5) Where a party to proceedings under this section alleges that the civil partnership concerned is void and should be the subject of a decree of nullity of civil partnership, the court may treat the application under subsection (1) as an application for a decree of nullity of civil partnership and proceed to determine the matter accordingly and postpone the determination of the application made under subsection (1).

(6) An order under subsection (1) is binding on the parties to the proceedings concerned and on a person claiming through such a party.

(7) An order under subsection (1) does not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion.

(8) Rules of court may make provision as to the information to be given in an application for an order under subsection (1), including particulars of any previous or pending proceedings in relation to the civil partnership or to the civil partnership status of a civil partner.

(9) The registrar of the court shall notify an tArd-Chláraitheoir of an order under subsection (1).

(10) In this section a reference to a civil partner includes a reference to a person who was a civil partner until the dissolution of the civil partnership or until the civil partnership was annulled by decree of nullity.

5. Recognition of registered foreign relationships.

5.— (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into—

(a) the relationship is exclusive in nature,

(b) the relationship is permanent unless the parties dissolve it through the courts,

(c) the relationship has been registered under the law of that jurisdiction, and

(d) 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.

F2[(1A) For the purposes ofsubsection (1), a legal relationship entered into in an embassy or diplomatic mission of a state under the laws of that state shall be deemed to have been entered into in that state.

(1B)Subsection (1A)shall not apply to a legal relationship entered into in an embassy or diplomatic mission in the State on or after 1 January 2011.]

(2) An order under subsection (1) entitles and obliges the parties to the legal relationship to be treated as civil partners under the law of the State from the later of—

(a) the day which is 21 days after the date on which the order is made, and

(b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into.

(3) Notwithstanding subsections (1) and (2), an order made under subsection (1) shall not be construed as entitling parties to a legal relationship otherwise recognised by that order to be treated as civil partners under the law of the State if those parties are within the prohibited degrees of relationship set out in the Third Schedule to the Civil Registration Act 2004 (inserted by section 26).

(4) Where an order is made under subsection (1), a dissolution of a legal relationship under the law of the jurisdiction in which it was entered into, or under the law of any other jurisdiction in respect of which a class of legal relationship has been declared by an order made under that subsection to be entitled to be recognised as a civil partnership, shall be recognised as a dissolution and deemed to be a dissolution under section 110, and any former parties to such a relationship shall not be treated as civil partners under the law of the State from the later of—

(a) the day which is 21 days after the date on which the order is made, and

(b) the day on which the dissolution became effective under the law of the relevant jurisdiction.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

5A. F3[Certain registered foreign relationships

5A.—Neithersection 5, nor any order made (whether before or after the date of the commencement of this section) undersection 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement ofsection 8of the Marriage Act 2015.]

PART 3 Registration of Civil Partnership

6. Definition, Part 3.

6.— In this Part, “Act of 2004” means the Civil Registration Act 2004.

7. Amendment of section 2 of Act of 2004.

7.— (1) Section 2(1) of the Act of 2004 is amended—

(a) by inserting the following definitions:

“‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010;

‘civil partnership registration’ means registration under section 59D;

‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;

‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”,

(b) by substituting the following definition for the definition “decree of divorce”:

“‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996;”,

(c) by substituting the following definition for the definition “decree of nullity”:

“‘decree of nullity’—

(a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996, and

(b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”,

(d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”,

(e) in the definition of “registrar” —

(i) by inserting the following paragraph after paragraph (a):

“(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”,

(ii) in paragraph (d), by substituting “,” for “, and”, and

(iii) by substituting the following paragraphs for paragraph (e):

“(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”.

(2) Section 2(2) of the Act of 2004 is amended—

(a) in paragraph (d), by substituting “,” for “, or”,

(b) in paragraph (e) by substituting “sex, or” for “sex.”, and

(c) by inserting the following paragraph after paragraph (e):

“(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”.

(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2):

“(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if—

(a) the civil partnership would be void by virtue of the Third Schedule,

(b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership,

(c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration,

(d) one or both of the parties to the intended civil partnership does not give free and informed consent,

(e) the parties are not of the same sex, or

(f) one of the parties to the intended civil partnership is, or both are, married.”.

8. Amendment of section 8 of Act of 2004.

8.— Section 8(1) of the Act of 2004 is amended—

(a) in paragraph (b), by inserting “of marriage” after “nullity”,

(b) by inserting the following paragraphs after paragraph (b):

“(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,

(bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,”,

(c) in paragraph (e), by inserting “of marriage” after “nullity”, and

(d) by inserting the following paragraphs after paragraph (e):

“(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,

(eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,”.

9. Amendment of section 13 of Act of 2004.

9.— Section 13(1) of the Act of 2004 is amended—

(a) in paragraph (f), by substituting “decrees of divorce),” for “decrees of divorce), and”, and

(b) by substituting the following paragraphs for paragraph (g):

“(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),

(h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),

(i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of dissolution), and

(j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil partnerships).”.

10. Amendment of section 17 of Act of 2004.

10.— Section 17 of the Act of 2004 is amended—

(a) in paragraph (1)(b), by substituting “deaths, marriages and civil partnerships” for “deaths and marriages”, and

(b) in subsection (13), by substituting “, marriages and civil partnerships” for “and marriages”.

11. Amendment of section 22 of Act of 2004.

11.— Section 22(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

12. Amendment of section 23 of Act of 2004.

12.— Section 23(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

13. Amendment of section 37 of Act of 2004.

13.— Section 37 of the Act of 2004 is amended by inserting “or civil partner” after “relative” wherever it occurs.

14. Amendment of section 46 of Act of 2004.

14.— Section 46(7) of the Act of 2004 is amended by substituting “civil status” for “marital status”.

15. Amendment of section 59 of Act of 2004.

15.— Section 59(2) of the Act of 2004 is amended by inserting “of marriage” after “nullity” wherever it appears.

16. Insertion of new Part 7A of Act of 2004.

16.— The Act of 2004 is amended by inserting the following Part after section 59:

“PART 7A

Registration of Civil Partnerships

Definitions (Part 7A).

59A.— In this Part—

‘civil partnership registration form’ means a form prescribed under section 59C;

‘register’ means the register of civil partnerships.

Notification of civil partnerships.

59B.— (1) A civil partnership registered in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned—

(a) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to enter into a civil partnership not less than 3 months prior to the date on which the civil partnership is to be registered, and

(b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or a lesser number of days that may be determined by that registrar) before that date and make and sign a declaration in his or her presence that there is no impediment to the registration of the civil partnership.

(2) Notwithstanding paragraph (a) of subsection (1), the Circuit Court or the High Court may, on application to it by the persons wishing to enter into a civil partnership, order that the registration be exempt from that paragraph if the Court is satisfied, after a hearing held otherwise than in public, that there are serious reasons for the exemption and that the exemption is in the interests of those persons.