M.W. -v- D.C. [2017] IECA 255 (02 October 2017)

M.W. -v- D.C. [2017] IECA 255 (02 October 2017)

Section 172(5) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 requires that, where there are dependent children, a person must be a cohabitant of the other adult within the meaning of s. 172(1) during the entirety of the two-year period immediately before the relationship ended; the period must be single and continuous, not aggregated from separate periods.

Citation
[2017] IECA 255
Parties
Applicant/respondent: M. W.; Respondent/appellant: D. C.
Jurisdiction
Ireland
Judgment Date
02 October 2017
Procedural Posture
Consultative Case Stated (appeal) / Court of Appeal Judgment on Case Stated From High Court
Outcome
Legal questions answered; case remitted to High Court for factual determination in accordance with interpretation given.
Legal Topics
Cohabitation, Qualified Cohabitant, Interpretation of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Period of Cohabitation, Statutory Interpretation
Family Law Cohabitation Qualified Cohabitant Interpretation of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Period of Cohabitation Statutory Interpretation

Case Brief

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Parties

M. W.

Applicant/respondent

D. C.

Respondent/appellant

Procedural Posture

Consultative Case Stated (appeal) / Court of Appeal Judgment on Case Stated From High Court

Legal Issues

  1. 1 Whether the two-year period in s. 172(5) of the 2010 Act must be a single continuous period immediately before the relationship ended
  2. 2 Whether courts can overlook periods of separation in a relationship that has ceased and recommenced
  3. 3 Whether it matters if the relationship ceased and recommenced before the 2010 Act commenced

Ratio Decidendi

Section 172(5) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 requires that, where there are dependent children, a person must be a cohabitant of the other adult within the meaning of s. 172(1) during the entirety of the two-year period immediately before the relationship ended; the period must be single and continuous, not aggregated from separate periods.

Court Disposition

Legal questions answered; case remitted to High Court for factual determination in accordance with interpretation given.

Orders

  • Section 172(5) requires a single, continuous two-year period of cohabitation immediately before the relationship ended.
  • Section 206 only permits applications in respect of relationships ending after 1 January 2011.