Rules re Civil Partnership and Cohabitation Bill 2010.

Hi there-
Can a case be heard under the above Bill re a long term cohabiting couple in the circumstances that:

The parties have been living separately for more than 2 years.
The Applicant is not financially dependent on the Respondent.
The relationship ended years before the introduction of the Bill, although the couple were still under the same roof.

Thanks in advance to anyone taking the time to reply

The Act is an easy enough read. Here are the relevant sections

171. Definitions.



172. Cohabitant and qualified cohabitant.



173. Application for redress in respect of economically dependent qualified cohabitant.



174. Property adjustment orders.



175. Compensatory maintenance orders.



176. Attachment of earnings order.

Thanks Brendan-
I have read the act and and various other interpretations by organisations such as Treoir, citizensinformation.ie etc
I was hoping that someone might be able to comment on my understanding that Section 195 below would constitute a defence in the event that the relationship ended more than 2 years before the commencement of proceedings and prior to the introduction of the Bill, although the actual physical separation occurred after the passing of the Bill but still more than 2 years before the commencement of proceedings.

Limitation period.

195.— Proceedings under this Part other than proceedings under sections 173 (6) and 194 , shall, save in exceptional circumstances, be instituted within 2 years of the time that the relationship between the cohabitants ends, whether through death or otherwise.

There are a number of points:
Cohabitation is defined in s172 so its not a simple case of 'we separated but lived under same roof' - as presumably the other party takes the vie that it continued. Therefore the 2 year period may not have passsed.

You obviously are concerned that proceedings might commence.

Not having nearly remotely the full facts - you can either list them and i will answer or go to FLAC and get a view. They deal with this all the time/

Thank you for your reply wizarddr. The two parties have lived in separate houses for more than 3 years.
I read this as not fulfilling the qualifying requirements and have sought councels opinion on same. Will be lodging a defence on that basis.

Why exactly is the Applicant bringing proceedings? Is the Applicant looking for maintenance? property? access?

It might make more sense if you expanded


mf

Hi mf
Applicant is looking for a property adjustment order.suggestions of mediation or negotiation through respective solicitors have been flatly refused.
To be honest I can't understand this approach other than being a bizarre desire to have a day in court as there has been a long standing offer of an equitable distribution.
Perhaps someone familiar with the field might have some insight into the reasoning?