The proposals from the Law Reform Commission to improve the rights of unmarried couples could be of benefit to more than 77,000 couples in Ireland who have chosen to live together but not to marry.couples
The reforms will also be of particular benefit to same sex couples according to Mr Raymond Byrne, director of research at the commission.
The reforms include eight recommendations relating to "qualified cohabitees" - unmarried couples in continuous relationships for at least three years, or two if they have a child together.
The consultation paper also encourages cohabiting couples to regulate their financial and property affairs through co-ownership agreements.
The recommendations also come amid a huge increase in the numbers of couples who are choosing to live together but not marry. Between 1996 and 2002 the number of cohabiting couples more than doubled from 31,300 to 77,600. Cohabiting couples now account for 8.4 per cent of Irish households.
Two of the proposed rights relate to access to the courts following the break-up of a relationship. At present, unmarried couples have no rights of access to the courts relating to property and maintenance issues which can often occur after the dissolution of a long-term relationship
At present, a partner has automatic property rights relating to a couples' home only if they have made a direct financial contribution, according to Mr Byrne. Under the reforms proposed by the commission, such a person would be able to apply to the court for a property adjustment, and for maintenance payments.
The surviving member of a couple should also have the right to make a court application under succession law if they have not been provided for in their will or if they die without making one. They should also be made a notice party in relation to Enduring Power of Attorney issues where their partner nominates another adult to take control of their affairs should they become incapacitated.
The recognition of cohabiting couples by the tax code would mean that they should enjoy some tax relief on death duties, as married couples do. However, income tax should not be affected because of the introduction of individualisation, which has done away with most of the benefits accruing to single income married couples.
Qualified cohabitees should also be given "greater recognition" by the health services in situations where their partner is ill, especially in relation to making decisions on their care.
Other recommendations in- clude proposals that cohabitees should also be included within the definition of dependants in relation to legislation dealing with wrongful deaths, while the definition of cohabitation in social welfare regulations should apply to same sex couples as well.
It has also made three recommendations in relation to the domestic violence Act, to make it easier in some cases to obtain barring orders.