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affidavit for common law status

  • 14-01-2011 1:45pm
    #1
    trixie11
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    is it possible to prove common law status in this country? we are required to prove this by getting an affedavit from a solicitor...can anyone explain how we go about this? is it just a matter of going to see a solicitor and getting him to issue the legal document? will it cost much?
    thanks


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    A Solicitor.


  • #3
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    AFAIK, in Ireland there is no legal recognition of common law marriage, that is a union without a civil and / or religious marriage ceremony. The legal concept of a common law spouse (wife / husband) does not exist in Ireland.


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    It doesn't but try telling certain insurance companies that.


  • #5
    Gazzetta
    Closed Accounts Posts: 28 ✭Gazzetta


    it is not so much that you are being asked to prove it but to swear on oath that you are in a common law marriage.


  • #6
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    That would be difficult if the concept does not exist in law here.


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  • #7
    Gazzetta
    Closed Accounts Posts: 28 ✭Gazzetta


    Haddockman wrote: »
    That would be difficult if the concept does not exist in law here.

    That is a bit literal. For "common law marriage" read "in a long term relationship" or "cohabitation" or substitute with similar. It is not about proving the concept but confirming a state of affairs, a factual situation.


  • #8
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Since Marriage Act 1753 there's been no such thing as a common law marriage.


    Social Welfare legislation and Domestic Violence Act refer to non-marital co-habiting couples as does the new civil partnership and rights for cohabitees act 2010


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