Cohabitation Agreement (Ireland)

A Cohabitation Agreement in Ireland records what the parties agree about their relationship, finances, children, or property and the basis on which those arrangements stand, and takes its legal force from the Certain Rights and Obligations of Cohabitants Act 2010.

Cohabitation agreements are governed by general contract law and by Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (the 2010 Act). Part 15 defines a 'qualified cohabitant' (section 172) as an adult who has cohabited in an intimate and committed relationship for at least five years (or two years if they are the parents of a dependent child). A qualified cohabitant may apply to the Circuit Court or High Court under section 174 for redress orders — including property adjustment orders, compensatory maintenance orders, and pension adjustment orders — on relationship breakdown. Under section 194, a qualified cohabitant may apply within six months of the grant of representation to the estate of a deceased partner for provision from the net estate.

Crucially, section 202 of the 2010 Act allows cohabitants to contract out of the Part 15 redress scheme, provided: both parties received independent legal advice from separate solicitors (or jointly received legal advice and waived the right to independent advice); the agreement is in writing and signed by both parties; and the agreement is fair and reasonable at the time of execution. In exceptional circumstances, a court may set aside or vary a cohabitation agreement where enforcement would cause serious injustice — for example, due to a change in circumstances not reasonably foreseeable at the time of the agreement.

Despite the 2010 Act's protections, cohabitants retain significantly fewer automatic rights than spouses. They cannot inherit on intestacy under the Succession Act 1965, do not have the legal right share available to spouses under Part IX of the 1965 Act, do not benefit from the Capital Acquisitions Tax (CAT) spousal exemption on transfers between partners, and do not have the Family Home Protection Act 1976 protections that apply to married couples. A cohabitation agreement supplements and tailors these limited default rights.

Following the Marriage Equality referendum in May 2015 and the Marriage Act 2015 (implementing the Thirty-fourth Amendment of the Constitution inserting Article 41.4), same-sex couples may marry in Ireland and obtain full marital rights. Cohabitation agreements remain relevant and important for all couples — same-sex or opposite-sex — who choose not to marry.

From 22 January 2024, qualified cohabitants became entitled to the bereaved partner's contributory pension under social welfare legislation, a significant expansion of cohabitants' financial protections that should be reflected in any up-to-date cohabitation agreement. Independent legal advice from separate solicitors is strongly recommended before signing.

A Cohabitation Agreement is appropriate for any couple living together or planning to live together in Ireland without marrying, and who wish to regulate their financial and property arrangements.

When moving in together: Establishing clear rules at the outset about household expenses, rent or mortgage contributions, and joint purchases avoids financial disputes later.

When purchasing property jointly: A cohabitation agreement is an essential companion to the conveyance of a jointly purchased home, specifying the shares in which the property is held (joint tenants or tenants in common under the Land and Conveyancing Law Reform Act 2009), how mortgage repayments and costs are shared, and how the property is dealt with if the relationship ends. Section 31 of the Land and Conveyancing Law Reform Act 2009 governs applications to court for determination of beneficial interests where parties cannot agree.

Where there is a financial imbalance: Where one party owns property outright or has significant assets, the agreement protects pre-existing assets while confirming fair treatment of the financially weaker party who makes non-financial contributions such as domestic work and childcare.

Where either party has children from a previous relationship: The agreement addresses how financial responsibilities towards those children interact with the couple's shared finances.

Where one party has reduced employment to care for children or support the other's career: A cohabitation agreement combined with properly drafted wills and life assurance confirms the financially dependent party has adequate protection if the relationship ends or a partner dies.

To opt out of Part 15 redress: Where both parties are independently financially secure and neither wishes to be subject to a court redress application on breakdown, a section 202 opt-out (with independent legal advice for each party) provides legal certainty. Note that a court may depart from an opt-out that has become grossly unfair due to unforeseen change of circumstances.

For long-term couples: Formalising financial arrangements that have developed over time — jointly owned property, shared savings, and informal financial support — provides clarity and protects both parties.

Since 22 January 2024, qualified cohabitants may also be entitled to a bereaved partner's contributory pension, making it more important than ever to document the couple's financial arrangements clearly.

A thorough Irish Cohabitation Agreement should address the following key elements.

Parties clause: Both parties identified by full name, address (including Eircode), date of birth, and PPS number; the address at which they cohabit or intend to cohabit; and the date cohabitation commenced or will commence.

Recitals: Confirm that both parties received independent legal advice from separate solicitors (or, alternatively, that they received joint legal advice and waived independent advice as permitted by section 202(2) of the 2010 Act), made full financial disclosure, and are entering the agreement freely without duress or undue influence. State whether the agreement opts out of Part 15 redress under section 202.

Property ownership clause: How jointly owned property is held — as joint tenants (with right of survivorship under the Land and Conveyancing Law Reform Act 2009) or as tenants in common in specified shares. For property already owned by one party, confirm it remains separate property. Address the family home specifically: mortgage contributions, how interests are affected, and what happens on relationship breakdown.

Household expenses: How day-to-day expenses — rent, utilities, food, maintenance — are shared (equally, proportionate to income, or otherwise).

Separate property clause: Identifies significant assets each party brings to the relationship (pre-existing property, savings, investments, inheritances) and confirms they remain separate, not subject to any claim by the other party.

Part 15 opt-out clause: Where applicable, expressly states both parties intend to opt out of the redress scheme under section 202 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, and confirms independent legal advice was received.

Separation provisions: How the family home will be dealt with (sold, or transferred to one party with a compensatory payment); how jointly owned assets will be valued and divided; whether either party will provide transitional financial support to the other.

Children clause: Financial responsibilities for children of the relationship, including child maintenance obligations under the Family Law (Maintenance of Spouses and Children) Act 1976, and reference to the Child Maintenance Guidelines (January 2026) as a benchmark for agreed maintenance amounts.

Estate and succession clause: Each party is contractually encouraged (or required) to make and maintain a will making adequate provision for the other, and to maintain life assurance naming the other as beneficiary — to supplement the limited succession rights of cohabitants under sections 194 and 202 of the 2010 Act and the Succession Act 1965.

Review clause: Agreement reviewed every three years and on specified trigger events, such as the birth of a child or a significant change in either party's financial circumstances. The forms-legal.com Cohabitation Agreement (Ireland) template covers the mandatory elements under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.