FG plan to register cohabiting couples

Fine Gael has pledged to introduce in government a civil registration system for cohabiting couples of the same or opposite sex…

Fine Gael has pledged to introduce in government a civil registration system for cohabiting couples of the same or opposite sex, giving them most of the legal rights now available only to married couples.

Such couples would be given the same tax treatment, inheritance and property rights, workplace entitlements and social welfare benefits as married couples, according to Fine Gael's proposal published yesterday by Senator Sheila Terry, the party's equality spokeswoman.

However, the party will not extend the rights concerning the joint parenting of children currently available only to married couples, nor will it allow such couples jointly to adopt children.

"Traditional attitudes have been altered, and as a political party we have to recognise that," Ms Terry said at a press conference yesterday.

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"As part of Fine Gael's agenda to strengthen families - in all their modern forms - we recognise that Ireland needs a modern, social-legislative base to give the necessary protection to those whose families fall outside the traditional nuclear family model."

She said the party would introduce this new system when returned to government.

According to Fine Gael's proposal, same-sexand opposite-sex couples who are not married will be allowed formally register their civil partnership in a State registry office.

The two people will publicly declare in front of two witnesses that they fully understand the agreement they are entering into, the rights and responsibilities that come with that agreement, and the fact that they are entering "a lifelong commitment to their prospective partner".

As with divorce, a court-based process will be required to dissolve a civil union, with the courts drawing up the financial arrangements.

Also in line with current divorce law, a registered couple will have to have lived apart for not less than four of the previous five years in order to be granted a dissolution.

Ms Terry said yesterday that the proposal was "not 'gay marriage', and does not represent an attack on the traditional family model. Our policy document clearly states that marriage will remain the choice of the majority and we have no wish to alter that."

Should a partner in a civil partnership die without having made a will, the surviving partner will be entitled to the deceased's entire estate, which will not be subject to inheritance tax.

However, if the deceased partner has children, perhaps from a previous relationship, this automatic entitlement is reduced to two-thirds. In addition, the surviving partner will be entitled to half the estate, no matter what the will says.

A registered partner will have "next of kin" status, allowing for consultation in relation to medical treatment. A surviving partner will be entitled to benefit from the deceased's pension reserves in the same way as a widow or widower.

Both partners will be able to share a last name, a foreign registered partner will have automatic entitlement to Irish citizenship, the married tax-free and mortgage allowances will be made available, and couples will be considered as adult dependants for social welfare purposes.

The Family Home Protection Act will be extended to such couples to ensure one cannot sell their home without the consent or knowledge of the other.

A system of domestic partnership would also be made available to brothers and sisters living together to ensure they are not discriminated against.