Seanad debates
Wednesday, 16 October 2002
Recognition of Domestic Partnerships: Motion.
The legal rights of a spouse include one half of the net estate as a "legal right share". The report states: "There is no provision in the legislation to entitle a same sex partner (or an unmarried heterosexual partner) to a legal right share, irrespective of the length of the cohabitation." This refers not just to gay people but also to everybody outside marriage. Then there is protection against disinheritance and intestate succession. Outside marriage, where somebody dies without a will, the surviving spouse has no entitlement – again, this covers all people outside marriage. Then there are restrictions on the transfer of a family home – the famous Family Home Protection Act, 1976. That only applies inside marriage. If a person has lived with somebody for 20 years and had six children with them, it still does not matter – he or she is not consulted under the Act. It is exactly the same if one is a partner in a gay relationship.
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