financial compensation under 'common law' marriage?

Cunning Stunt

Hi

what chance would a person have of being compensated after a say 6 yr relationship, cohabiting, where they were the main provider for food / bills etc. and also providing for a child?
Would it make a difference if the other party has been hiding a large income during all of this time?

Is there any weight in the whole 'common law' marriage thing?

Thanks

Procrastastudy

Cunning Stunt wrote: »

Hi


Is there any weight in the whole 'common law' marriage thing?

Thanks

Absolutely none. Have a Google on co-habitants though.

Cunning Stunt

Ok thanks for the response

ThreeLineWhip

No such thing as common law marriage in Ireland and the state does not recognise such relationships.

mathepac

ThreeLineWhip wrote: »

No such thing as common law marriage in Ireland and the state does not recognise such relationships.

Correct and right, but the nice American man on the radio advertising the motor insurance company asks about "common-law" relationships on his proposal forms. Should we tell him?

Peregrinus

No such thing as "common law marriage", but under recent family law changes the courts have aquired powers to deal with financial and property matters when non-marital cohabiting relationships break down in acrimony.

I think it's recent, and there's very little experience, so it's too soon to say if the courts will simply assimilate the treatment of these relationship breakdowns to the treatment of marriage breakdowns, or whether they will take the view that because the parties had not made formal commitments to one other they have less expectation in/claim on their partner's resources. We'll have to wait and see.

Although strictly speaking we don't have "common law marriage", in the sense that no matter how long you live together and conduct yourselves as a couple you will never be legally married unless you actually go through a marriage ceremony, as can happen in a few American states. But the term "common law marriage" is often used fairly loosely, in Ireland and elsewhere, to describe a cohabiting conjugal relationship - i.e. two people who live together and share their lives and affairs in the way characteristic of married people. I've no doubt that's what they're talking about on the radio ad.

ThreeLineWhip

It is against equality legislation to ask for marital status for motor insurance.

234

ThreeLineWhip wrote: »

It is against equality legislation to ask for marital status for motor insurance.

Section 5(2)(d) of the Equal Status Act, 2000 exempts insurers unless there had been some court determination stating that it is not reasonable to rely on the statistical data in question.

Also, the issue is discrimination, not asking the question. The line is obviously blurry but the presence of the question on the proposal form it not of itself discrimination.

ThreeLineWhip

http://www.dataprotection.ie/viewdoc.asp?DocID=110

234

Very interesting but that is still only the opinion of the DPC, not a judicial determination.

ThreeLineWhip

I am sure the DPC will get a judicial opinion if the companies don't play ball.

Most of the motor insurance companies have stopped asking so if the DPC has no status to make such an order why would they stop asking?

234

ThreeLineWhip wrote: »

I am sure the DPC will get a judicial opinion if the companies don't play ball.

Most of the motor insurance companies have stopped asking so if the DPC has no status to make such an order why would they stop asking?

Let's just nip this in the bud now. We could have a very interesting debate about the normative status of the DPC's opinion amongst insurance companies but my point was a very narrow one: simply that there had been no actual legal determination or interpretation that I am been aware of.

schemingbohemia

If the OP was engaged then different rules may apply.

ThreeLineWhip

schemingbohemia wrote: »

If the OP was engaged then different rules may apply.

Nope.

Engaged is not recognised as a status by the state.

Kosseegan

It certainly is and has been for centuries.

Stheno

Peregrinus wrote: »

No such thing as "common law marriage", but under recent family law changes the courts have aquired powers to deal with financial and property matters when non-marital cohabiting relationships break down in acrimony.

I think it's recent, and there's very little experience, so it's too soon to say if the courts will simply assimilate the treatment of these relationship breakdowns to the treatment of marriage breakdowns, or whether they will take the view that because the parties had not made formal commitments to one other they have less expectation in/claim on their partner's resources. We'll have to wait and see.

That's the redress scheme for cohabiting couples, applies after 2 years of a relationship if you have children, and five if you don't.

valleyoftheunos

ThreeLineWhip wrote: »

Nope.

Engaged is not recognised as a status by the state.

Kosseegan wrote: »

It certainly is and has been for centuries.

Its not recognised as a legal status, Certainly not for tax or inheritance purposes. Either you are married or you are not, there are no half measures.

ResearchWill

Kosseegan wrote: »

It certainly is and has been for centuries.

In what way, you can no longer sue for breach of promise, so I doubt it has much legal standing.

http://www.irishstatutebook.ie/1981/en/act/pub/0022/sec0002.html#sec2