So the legislation in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 that you are a qualified cohabitant if you live together as an intimate couple:
a) of 2 years or more, in the case where they are the parents of one or more dependent children, and
b) of 5 years or more, in any other case.
Can someone let me know their thoughts then on the interpretation of Section 172 (6b) “If one person is still married, then neither will be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years – in effect, until he or she is entitled to seek a divorce.”
Does this mean that the 5 years (in b, above) starts from the time the partner is entitled to seek a divorce? Or does it mean that if they were living together during those 5 years waiting for the right to a divorce, then 4 of those count?
a) of 2 years or more, in the case where they are the parents of one or more dependent children, and
b) of 5 years or more, in any other case.
Can someone let me know their thoughts then on the interpretation of Section 172 (6b) “If one person is still married, then neither will be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years – in effect, until he or she is entitled to seek a divorce.”
Does this mean that the 5 years (in b, above) starts from the time the partner is entitled to seek a divorce? Or does it mean that if they were living together during those 5 years waiting for the right to a divorce, then 4 of those count?