Skip to main content

Redress for Cohabitants? The Test You Need to Know

By November 28, 2023June 26th, 2024No Comments
Speration Photo

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