Cohabitation Act 2010

[Water Pot]

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?

 

[Baby boomer]

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?

No. The 5 years is a stand alone condition. Subsection 6 is an exception carved out for previously married persons. It does not act to stop the click ticking on the basic criteria in subsection 5. The language in subsection 6 makes this very clear:

"Notwithstanding subsection (5), an adult who would otherwise be a qualified cohabitant is not a qualified cohabitant if—
......"

Basically, you look at the subsection 5 criteria first and see if they're satisfied. Then you look at subsection 6 and see whether that exception applies.

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?

All of the 5 years count towards the subsection 5 requirements.

As a matter of interest, I wonder if the 2010 act has been amended to acknowledge that the 4year living apart requirement was recently reduced to two years?