If a Court finds that I am entitled to redress under the Cohabitants legislation, is the test the same is in a divorce application?
In a divorce, the test that the Court must be satisfied with is ‘proper provision’- In making a decision on proper provision, the Court has to have regard to a range of factors which are set out in Section.20 of the Act.
In the Cohabitants Act the test is whether it would be ‘just and equitable’ to grant the redress sought. In making the decision the Court has to have regard to a set of factors set out in s.173(3) of the Act. These factors are similar to those in Section.20.
For further information on this or any other family law matter, please do not hesitate to contact Brendan Dillon or Aoife Cathcart on 012960666
