CD v BB (Approved) [2021] IEHC 684 (22 October 2021)

CD v BB (Approved) [2021] IEHC 684 (22 October 2021)

Section 194 of the 2010 Act does not operate retrospectively by allowing pre-commencement periods of cohabitation to be counted; rather, it takes past events into account. The definition of 'qualified cohabitant' in s. 172(5) applies throughout Part 15, and nothing in s. 206 excludes pre-commencement periods for s. 194. Therefore, a person may rely on pre-commencement cohabitation to qualify under s. 194.

Citation
[2021] IEHC 684
Parties
Applicant: C. D.; Respondent: B. B.
Jurisdiction
Ireland
Judgment Date
22 October 2021
Procedural Posture
Preliminary Issue in Succession Law Proceedings / Ruling on Preliminary Issue Before Substantive Hearing
Outcome
Preliminary issue determined in favour of the applicant; pre-commencement periods of cohabitation are reckonable for s. 194 applications.
Legal Topics
Cohabitants' Rights, Retrospective Legislation, Interpretation of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Qualified Cohabitant Status
Succession Law Family Law Statutory Interpretation Cohabitants' Rights Retrospective Legislation Interpretation of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Qualified Cohabitant Status

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Parties

C. D.

Applicant

B. B.

Respondent

Procedural Posture

Preliminary Issue in Succession Law Proceedings / Ruling on Preliminary Issue Before Substantive Hearing

Legal Issues

  1. 1 Whether pre-commencement periods of cohabitation can be counted for the purposes of s. 194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
  2. 2 Whether s. 194 operates retrospectively if pre-commencement cohabitation is included
  3. 3 Proper interpretation of s. 172(5), s. 194, and s. 206 of the 2010 Act

Ratio Decidendi

Section 194 of the 2010 Act does not operate retrospectively by allowing pre-commencement periods of cohabitation to be counted; rather, it takes past events into account. The definition of 'qualified cohabitant' in s. 172(5) applies throughout Part 15, and nothing in s. 206 excludes pre-commencement periods for s. 194. Therefore, a person may rely on pre-commencement cohabitation to qualify under s. 194.

Court Disposition

Preliminary issue determined in favour of the applicant; pre-commencement periods of cohabitation are reckonable for s. 194 applications.