Civil partnership and same-sex couples
A statutory civil partnership registration scheme for same-sex couples was introduced in January 2011 under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Act sets out the rights and obligations that civil partners have towards each other. These are broadly the same as the rights and obligations of married couples towards each. The Act did not change the law on issues relating to children, for example, guardianship, adoption, custody, access or maintenance.
Civil partners are treated in the same way as spouses under the tax and social welfare codes. Necessary changes to the social welfare codes were made through the Social Welfare and Pensions Act 2010. Taxation changes were made through the Finance (No. 3) Act 2011. See Revenue's Frequently Asked Questions on Civil Partnership (pdf).
The Minister for Justice and Equality made orders recognising as civil partnerships classes of legal relationships which were registered in other countries and which met certain criteria.
Marriage Act 2015
Following the commencement of the Marriage Act 2015 on 16 November 2015 you can no longer register a civil partnership. Couples already in a civil partnership can apply to marry or remain as they are. If they marry their civil partnership is automatically dissolved.
Partnerships registered abroad since 16 May 2016 are not recognised as civil partnerships in Ireland.
You can find more information on the Department of Justice and Equality website.
Registering of civil partnershipships
Under the scheme same-sex couples could register their relationship as a civil partnership. The Registrar-General is obliged to maintain a register of civil partnerships, a register of decrees of dissolution of civil partnerships and a register of nullity of civil partnerships. The registration rules and processes were broadly similar to those for the registration of a civil marriage, annulments of marriage and divorce.
There were various reasons why you would not be allowed to become civil partners – legally, these were known as impediments. The main ones were age, close blood relationship and an existing valid marriage or civil partnership.
The formalities were broadly similar to the formalities for marriage. Among other things, this meant that you had to give three months’ notice of your intention to enter into a civil partnership. A civil partnership ceremony had to be held at an approved venue.
Ending a civil partnership
The courts are able to grant a decree of nullity of civil partnership in broadly the same way as decrees of nullity of marriage are granted. The courts are also able to dissolve civil partnerships in a similar way to the granting of divorce. However, the rules governing the dissolution of civil partnerships are different.
Orders such as protection orders, maintenance orders and pension adjustment orders may be made in the course of court proceedings for the dissolution of civil partnerships in the same way as such orders may be made in judicial separation and divorce proceedings.
Unlike divorce proceedings, the civil partners’ legal advisers are not required to discuss the possibility of reconciliation, mediation or other alternatives to dissolution. The court may, however, adjourn proceedings in order to facilitate such alternatives.