Mattie McGrath (Tipperary South, Fianna Fail)

I am not of the same mind on this matter as some of my senior colleagues. This Bill has far-reaching consequences for more than 120,000 cohabiting couples who will find themselves in a legal web not of their own making. When relationships break down, and inevitably they do, cohabitees will be open to maintenance and property claims similar to those that arise following a marriage break up, even when no children are involved. Couples getting married or registering a civil partnership expressly consent to accepting legal obligations to each other, whether in a church ceremony or civil registration. Cohabitees have chosen not to opt for either to avoid legal implications and their decision should be respected.

This legislation violates the fundamental principle of consent and is an attack on personal freedom. There is no basis to presume that legal liabilities are accepted by people living together without their express agreement. The redress scheme may become a windfall for lawyers and we have seen enough of that with the tribunals over recent years. Couples living together who wish to remain free of legal liabilities are being penalised by being forced to pay for legal advice and to conclude a cohabitant agreement to opt out of the legislation. Reversing the law of normal principles, the onus to act and the legal costs are placed on those who do not wish to be covered by the redress scheme instead of those who do.

It is likely that most people living together will not make cohabitant agreements. Where no agreement exists, there is extensive scope for legal disputes over the definition of cohabitants. The determination of relationships, arguments over financial and other contributions, claims of financial dependency and-----

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