Marriage Equality Missing Pieces Audit Full List

Marriage Equality's Missing Pieces Audit
Full List of Provisions Examined

Colour Coding of List:
Equivalent provision extended to Civil Partners
Some change for Civil Partners but equivalence not achieved
No change for Civil Partners
Number
Act
Year
No.
Section
Air Navigation and

Transport
(International
Conventions) Act
2004
11
7 (1),
7(4)c)
Air Navigation and

Transport
(International
Conventions) Act
2004
11
7(1), 7(4)
(a)(d)(f)
Air Navigation and

Transport
(International
Conventions) Act
2004
11
7(1), 7(4)
(i)
Civil Legal Aid Act
1995
32
28 (9) c (i)
Civil Liability Act
1961
41
47(1),
48(1-4)
Civil Liability and

Courts Act
2004
31
40
Consumer Credit Act 1995
24
45(3)
Criminal Damage Act 1991
31
1 (3)
Defence Act
1954
18
99, 102(a)
Domestic Violence
Act
1996
Domestic Violence
Act
1996
3, 13(1)c)
Domestic Violence
Act
1996
Domestic Violence
Act
1996
9 (2)
Domestic Violence
Act
Domestic Violence
Act
1996
2, 3, 13(2)
1996
17
Domestic Violence
Act
1996
22
Domestic Violence
Act
1996
18 (1)(a)
Domestic Violence
Act
1996
10
Domestic Violence
Act
1996
11
Enforcement of Court 1940

Orders Act
8 (1)
Enforcement of Court 1926

Orders Act
18
13(1)
Housing
(Miscellaneous
Provisions) Act
Housing
(Miscellaneous
Provisions) Act
Housing
(Miscellaneous
Provisions) Act
Housing (Private
Rented Dwellings)
(Amendment) Act
Housing (Private
Rented Dwellings)
(Amendment) Act
1979
27
11(3)(b)
1979
27
4(5)
2002
13(2)(a)
1983
22
14(1)
1983
22
14 (5)
Housing (Private
Rented Dwellings)
Act
Housing (Private
Rented Dwellings)
Act
Housing (Private
Rented Dwellings)
Act
Housing Act
Housing Act
Land Act
1982
1982
16
1982
22
1988
1988
1931
28
28
11
4
3(2)(e)
35(3)(a)
Land Act
1933
38
29(1)
Land Act
Land Act
Land Act
1936
1965
1965
41
2
2
16(2)(b)
6(3)
6(4)
Residential Tenancies 2004

Act
Act
27
3(2)(h)
27
39

Act
27
34(a), 35
(4)
Succession Act
1965
27
56
Family Home
Protection Act
1976
27
2(1)
Family Home
Protection Act
1976
27
3 (1)
Family Home
Protection Act
1976
Family Home
Protection Act
1976
27
4 (2) (a)
Family Home
Protection Act
1976
29
4 (3)
Family Home
Protection Act
1976
29
4 (4)
Family Home
Protection Act
1976
27
5 (1)
Family Home
Protection Act
1976
27
5 (2)
Family Home
Protection Act
1976
27
Family Home
Protection Act
1976
27
Domestic Violence
Act
1996
Family Home
Protection Act
Family Home
Protection Act
1976
27
12
1976
27
15
Family Law Act
1995
26
29 (1)
(a,b,c), 30
Family Home
Protection Act
1976
27
14
Family Law Act
1981
5 (1)
Housing
(Miscellaneous
Provisions) Act
Housing
(Miscellaneous
Provisions) Act
1979
27
4(2)(e)
1979
27
4(4)
Housing (Sale of
Houses) Regulations
1995
S.I. 188
7 (1)
Housing Act
1966
21
26 (1)
Housing Regulations
1980
S.I. 296
47 (b)
Housing Regulations
1980
S.I. 296
11 (2)
Housing Regulations
1980
S.I. 296
32A
Housing Regulations
1980
S.I. 296
53A
Housing Regulations
1980
S.I. 296
Land Act
2005
24
Land Act
1933
38
32 (3,5)
Land Act
1933
38
41
Occupiers Liability
Act
1995
10
1, 4
Bankruptcy Act
Bankruptcy Act
Bankruptcy Act
Family Law
(Maintenance of
Spouses and
Children) Act, 1976
Rules
1988
1988
1988
1976
27
27
27
S.I. 96
59
45(1)
61 (5)
Rule 5
Land Purchase Acts

Rules and Order
Under Section 3 of
The Land Act
1933
S.I. 18
Sch.3
(form 102)
Summary
In the event of the death of a passenger an action may
be brought against the carrier by any or all of the
dependants if the personal representative fails to bring
the action within 6 months. Dependants include a
(former) spouse, relatives through marriage and an
opposite-sex conjugal cohabitee of more than three
years.
Amd by
Act
Sch Pt 4
Liability of a carrier in the event of the death of a

Sch Pt 4
passenger is enforceable for the benefit of all
dependants resident in the State or who express a
desire to benefit, proportionate to the injury and mental
distress resulting from the death to each dependant.
Dependants include a (former) spouse, relatives through
marriage and an opposite-sex conjugal cohabitee of
more than three years.
Liability of a carrier in the event of the death of a
Sch Pt 4
passenger in respect of funeral and other expenses
actually incurred by the deceased passenger, or by the
deceased passenger's dependants or personal
representative, as a result of the accident that caused
the passenger's death. Dependants include a (former)
spouse, relatives through marriage and an opposite-sex
conjugal cohabitee of more than three years.
Legal aid may be granted in respect of a dispute
between spouses regarding property.
Where a deceased would be entitled to bring an action
for damages in respect of a wrongful act causing his
death, an action for damages may be brought by a
dependant of a deceased for the benefit of all the
dependants. The amendment stipulates that such a
42
105
Precision on the extent of privacy accorded to in camera 145

cases, including marital matters.
Where the agreement referred to in ss. 2 is a housing

Sch. Pt 3
loan the creditor may send written communication for
the purposes of the Family Home Protection Act 1976, to
the consumer's spouse or to any member of the
consumer's family, with the consent of the consumer
Where property is (i) the subject of criminal damage, (ii) 101
a home under the Family Home Protection Act 1976 and
the person charged with the damage is (i) the spouse of
a person residing in the home and (ii) the subject of a
barring order or otherwise formally excluded from the
home, that person shall be guilty of an offence.
Provision for Ministerial order to deduct maintenance

from the pay of members of the Defence Forces who
have deserted their husbands or wives and legitimate
minor children under 16.
135
A health board, spouse, former spouse, parent, or

92
opposite-sex cojugal cohabitee of a person, or someone
living in the same house with a non-contractual
relationship with a person, may make an application for
a safety order against that person. (Once the
application has been made, the court may make a
protection order under s. 5 covering applicant or any
dependant person.)
An applicant or respondent, including inter alia a former 93
spouse may apply to the court to have an order which
has been made, discarged
A health board, spouse, former spouse, parent, or
93
opposite-sex cojugal cohabitee of a person, may make
an application for a barring order against that person.
(Once the application has been made, the court may
make an interim barring order under s. 4 or a protection
order under s. 5 covering the applicant or any
dependant person.)
The court may hear applications for orders under
various Acts together in the same proceedings. These
affect inter alia spouses of applicants and their family
members
95
96
The court may make orders under sections 2, 3,4, or 5
of the Act in respect of divorced spouses
A respondent (including inter alia an applicant's spouse) 92,93
who contravenes a barring order or a protection order
shall be guilty of an offence
Where, by reason only of an interim barring order or
92,93
barring order, a respondent (spouse) is not residing at a
place, they shall be deemed to be residing there during
that period for the purposes of certain legislation
On complaint made by or on behalf of the applicant that 92,93
the respondent has contravened an order a member of
the Garda Siochana may arrest the respondent without
warrant, with applicant and respondant as defined in ss
2 and 3.
An order varying a safety order, barring order, interim
barring order or protection order takes effect upon
notification to the applicant or the respondant, as
defined in ss 2 and 3.
92,93
Copies of orders discharging or varying a safety order,

barring order, interim barring order or protection order
shall be given to the applicant, i.e. the health board,
spouse, former spouse, parent, or opposite-sex cojugal
cohabitee of a person or, in the case of safety orders
and attached protection orders, someone living in the
same house with a non-contractual relationship with a
person.
92,93
Allows the court to impose penalites for failure of a

father to pay an affiliation order for a deserted child, or
to a deserted wife under the 1886 act.
136
No action shall lie against any under-sherrif for taking

Sch. Pt 5
goods, chattels or animals from the property of which
the debtor is occupier, however where it is claimed that
the property is that of the wife, husband, parent or child
of the debtor and residing with him, an action for
recovery may lie against the debtor.
Regulations may prohibit the payment of a subsidy to a
person to whose spouse a subsidy under the section has
previously been paid.
Hardship grant to someone whose marriage has been
dissolved or annulled, or to someone who is separated
from their spouse.
Provision for the Minister to require information from
mortgage lenders on inter alia the marital status of
mortgage holders.
Beneficial interest in a dwelling subject to disclosure
includes the beneficial interest of a spouse.
Sch. Pt 3 s.
10
Sch. Pt 3 s.
9
Sch. Pt 5 s.
21
97(1)(b)
For the purposes of this section, a person shall be

Sch. Pt 1
regarded as having a beneficial interest in a dwelling if
(a) he or his spouse is the landlord or the tenant of the
dwelling (b) he or his spouse, or a nominee of either of
them, is a member of a company or other body which is
the landlord of the dwelling, or (c) he or his spouse is in
partnership with, or in the employment of, a person who
is either the landlord or the tenant of the dwelling.
41(1)
41(2)
41(3)
Where any superior interest or an apportioned part

thereof is redeemed under the Land Purchase Acts and
portion of the redemption price is applied in providing
for the redemption a higher superior interest or for any
other claim payable out of redemption money such
residue may be paid to the person in possession, in
case of the incapacity of such person, to the guardian,
committee, husband, or trustee (as the case may
require) of such person if it does not exceed 30.
Sch. Pt 3
Sch. Pt 3
Sch. Pt 3
Sch. Pt 3
Sch. Pt 3
Sch. Pt 3
Sch. Pt 3
40
Continuation of tenancy after death where the dwelling 40
was occupied by a spouse, opposite-sex conjugal
cohabitee, child or parent of the deceased who elects in
writing to take over the tenancy.
Provision for termination of tenancy where the landlord 40
requires the dwelling for occupation by a member of his
or her family, including his or her spouse, child, stepchild, foster child, grandchild, parent, grandparent, stepparent, parent-in-law, siste
Where a deceased person's estate includes a dwelling
in which the deceased's spouse was resident, that
spouse may require the dwelling and chattels to be
appropriated.
70
Dwelling in which a married couple ordinarily reside

defined as "family home".
Cf 27
Where a spouse, without the prior consent in writing of Cf 28

the other spouse, purports to convey any interest in the
family home to any person except the other spouse,
then, subject to subsections (2) and (3) and section 4,
the purported conveyance shall be void. This is subject
to some exceptions
The 1976 Act definition of dependent children, in
Cf 29
relation to a spouse or spouse, means a child - (a) of
both spouses under the Adoption Acts, or in relation to
whom both spouses are in loco parentis, or (b) of either
spouse, or adopted by either spouse under the Adoption
Acts, or in relation to whom either spouse is in loco
parentis, where the other spouse, being aware that he is
not the parent of the child, has treated the child as a
member of the family.
The court shall not dispense with consent of a spouse
Cf 29
unless the court considers that it is unreasonable for the
spouse to withold consent, taking into account all
circumstances, including- (a) The respective needs and
resources of the spouse and of the dependent children
(if any) of the family.
Where the spouse whose consent is required under
section 3 (1) has deserted and continues to desert the
other spouse, the court shall dispense with the consent
The Court may dispense with consent where the spouse 29 (4)
whose consent is required is incapable of consenting by
reason of unsoundness of mind or other mental
disability.
Where the court considers that actions by a spouse may Cf 30 (1)

lead to loss of a family home, then the court may make
such order as it considers proper, directed to the other
spouse or to any other person, for the protection of the
family home in the interest of the applicant spouse or
such child
If the spouse has committed some action that has
Cf 30 (2)
deprived the applicant spouse or a dependent child of
the family of his residence in the family home, the court
may order the other spouse or any other person to pay
to the applicant spouse such amount as the court
considers proper to compensate the applicant spouse
and any such child for thier loss.
Where a mortgagee or lessor of the family home brings Cf 32
an action against a spouse in which he claims
possession or sale of the home by virtue of the
mortgage or lease in relation to the non-payment by
that spouse of sums due thereunder and the other
spouse appears able to make these payments, the court
may adjourn the proceedings for a period of time it
considers to be just and equitable.
Section 9 of the 1976 Act prevents a spouse from
disposing of "household chattels"
Cf 34
A spouse may be restricted from disposing of or

Cf 34(2),
removing household chattels pending the determination 91
of an application for a barring order or safety order
made in respect of that spouse
Cf 36
Attachment of earnings order may be made against a
spouse for maintenance payments. If an employer
makes an application to determine liability and
subsequently abandons the application, the employer
will be liable unless the court directs otherwise.
Cf 38
Provision for making a declaration regarding the validity Cf 4

and existence of a marriage.
No land registration fee, Registry of Deeds fee or court
fee shall be payable on any transaction creating a joint
tenancy between spouses in respect of a family home
where the home was immediately prior to such
transaction owned by either spouse or by bot
No
Where an agreement to marry is terminated, the rules

No
of law relating to the rights of spouses in relation to
property in which either or both of them has or have a
beneficial interest shall apply in relation to any property
in which either or both of the
Any house previously built or purchased by the spouse
of an applicant is taken into account as part of the
means test for a housing grant.
Hardship to a spouse is taken into account in payment,
in the event of severe damage to a house, of a relief
housing grant or of a subsidy for the acquisition or
contruction of a house.
No
No
The assesment of a reckonable period of tenancy, which

has implications for the sale of and discounts on the
sale of a council house, shall include periods in which
the purchaser's spouse was a tenant of the property.
yes
The income of a spouse is taken into account for
No
determining eligibility for a housing allowance.
Penalty for lease or transfer of a house purchased under
the scheme, except if it is let or transferred to a spouse,
among other specified family members.
No
Previous ownership of house by spouse taken into
account in determining the eligibility for a grant.
No
Income eligibility formulae for the aforementioned loans

take the income of a spouse into account.
No
Income eligibility formulae for the aforementioned loans
take the income of a spouse into account.
No
The amount of a loan may exceed stated amounts
where the house is for occupation by the surviving
spouse of a non-commissioned member in the
Permanent Defence Force.
No
Requirement of certificate on annuity payments waived No
in the creation of a joint tenancy between spouses in
respect of a family home under certain circumstances.
No compulsory acquisition of land aside for certain
purposes if the tenant or his or her spouse has not
offered it for sale and if any one of a number of
requirements are fulfilled by the tenant or by his or her
spouse.
No
Previous advances to a spouse to be deemed to have

been advanced to the tenant in question for the
purchase of land.
No
The duty the occupier of property owes to the

recreational user of said property is not due to any
member of the occupant's family ordinarily resident on
the premises or his or her guest, except where a
structure on the premises has been provided primaril
No
Sch. Pt 5
Sch. Pt 5
Sch. Pt 5
These rules provide that where it is certified that
proceedings, initiated under the Family Law
(Maintenance of Spouses and Children) Act, 1976 , are
urgent, they may be heard and determined at any Court
in the District Court District concerned.
Notes on Amd
Crosschecked
RK
RK
RK
RK
RK
Civil partnership law proceedings may RK

also be held in camera.
JQ
1(3)A inserted: parallel provision

referring to shared home.
2006
2006
RK
ED
RK
ED
ED
ED
ED
ED
RK
RK
ED
JQ
JQ
RK
JQ
JQ
JQ
JQ
JQ
JQ
JQ
JQ
2006
RK
RK
Dwelling in which civil partners

ordinarily reside defined as "shared
home"
Equivalent.
No provision for dependent children in

Shared Home provisions.
Parallel provision for shared home,

excluding any explicit references to
children.
No equivalent provision for CPs
A consultant psychiatrist must

certify that the civil partner is
incapable of giving consent. - Note:
while this means the standard is set
higher for civil partners, it might be
viewed as providing good practice in
requiring a Consultants report
Parallel regime but with no reference

to children.
Parallel regime but with no reference

to children.
Equivalent.
Largely replicated and applied to civil

partners, with reference to
proceedings for dissolution. However
S.34, unlike its Family Home
equivalent makes no reference to any
dependent children.
Only difference as it applies to Civil
Partners - reference to dissolution
proceedings instead of matrimonial
proceedings.
Equivalent.
Parallel provisions with the slight
difference that the court does not
have the power to direct that an
employer will not be liable.
Equivalent provision.
Changed by SI No 82/2011 Housing

(Sale of Houses to Long-standing
Tenants) Regulations 2011.
No provision, therefore it appears that

a Civil Partner would be required to
produce such a certificate.
There is no equlivalent provision

made by the Act
Appears t be no amendment in 2010

Act.
JQ
JQ
JQ
Pb
Pb
Number
Act
Year
No.
Section
Capital
2003
Acquisition
s Tax
Consolidati
on Act
70
Capital
2003
Acquisition
s Tax
Consolidati
on Act
71
Capital
2003
Acquisition
s Tax
Consolidati
on Act
88
Capital
1976
Acquistions
Tax Act
2nd
Schedule,
Part 1,
Para. 8
Capital
1976
Acquistions
Tax Act
58 (2)
Corporatio 1976
n Tax Act
20
Corporatio 1976
n Tax Act
96
Finance Act 1997
22
127 (2)
Finance Act 2001
29 (1) (3)
Finance Act 2000
Finance Act 1941
14
31 (1, 4)
Finance Act 1974
27
7 (1)
Finance Act 1974
27
38 (2)
Finance Act 1978
21
Sch. 3
Finance Act 1980
14
5 (2) (b)
Finance Act 1980
14
6(6)
Finance Act 1982
14
9 (2) (b)
Finance Act 1983
4(3)
Finance Act 1983
4(1)(2)
Finance Act 1984
33 (5)
Finance Act 1996
Finance Act 1996
31 (6)
Finance Act 1996
74
Finance Act 1997
22
145 (1)
Finance Act 1983
15
3(2)
Finance Act 1980
14
Sch VII
Finance Act 1998
17 (5)
Finance Act 2001
20
Finance Act 2002
41 (9)
Finance Act
33 (5)
Finance Act 1994
13
112 (6)
Finance Act 1995
1984
Finance Act 1995
166 (6)
Finance Act 1969
21
3 (1)
Finance Act 1971
23
40 (2)
Finance Act 1983
15
4(3)
Finance Act 1990
10
114
Finance Act 1974
27
7 (1)
Finance Act 1978
21
14 (21) (2)
Finance Act 1980
14
6(6)
Finance Act 1984
17(1)(2)
Finance Act 1990
10
4 (1)
Finance Act 1990
10
4 (2)
Finance Act 1997
22
142 (1) (2)
Finance Act 1965
22
24 (1) (d)
(i)
Finance Act 1982
14
30 (4)
Finance Act 1990
10
127 (1)
Finance Act 1959
18
3(3)
Finance Act 1961
23
24(3)
Health
2006
(Repaymen
t Scheme)
Act
17
8 (1)
Income Tax 1967

Act
197 (1) (a)

(b)
Income Tax 1967

Act
138 (a)
Income Tax
Act
138 (b)
Income Tax 1967

Act
138A
Pensions
2002
(Amendme
nt) Act
18
4(1)(a)
Taxes
1997
Consolidati
on Act
39
598 (1) (d)

(i)
Taxes
1997
Consolidati
on Act
39
531I
1967
Taxes
1997
Consolidati
on Act
39
531K (3)
Taxes
1997
Consolidati
on Act
39
118(5)
Taxes
1997
Consolidati
on Act
39
372AR
Taxes
1997
Consolidati
on Act
39
787B(2)
Taxes
1997
Consolidati
on Act
39
787B(4)
Taxes
1997
Consolidati
on Act
39
787B(5)
Taxes
1997
Consolidati
on Act
39
787B(7)
Taxes
1997
Consolidati
on Act
39
1017, 1018
Taxes
1997
Consolidati
on Act
39
1028 (5) &

1030 (2) &
1031 (2)
Taxes
1997
Consolidati
on Act
Taxes
1997
Consolidati
on Act
39
473(3)(a)
Taxes
1997
Consolidati
on Act
s.10
s123(3)
12
Taxes
1997
Consolidati
on Act
s193(1)(a)(ii)
Taxes
1997
Consolidati
on Act
s598(1)(a)
Stamp
1999
Duties
Consolidati
on Act
ss27(2)(b)(i)
Stamp
1999
Duties
Consolidati
on Act
sch 1, Para
Summary
Excemption from capital acquisitions tax of gifts
between spouses.
Amd by
Act
yes
Notes on
Amd
Crosschecked
Excemption from capital acquisitions tax of inheritance yes

taken by a sucessor who is at the date of the disposition
the spouse of the disponer.
Excemption from capital acquisitions tax of certain

transfers of property between spouses on the
dissolution of a marriage.
yes
For tax purposes, where a donor gives a gift or

yes
inheritance to the surviving spouse of a person who was
a closer relative of the donor than the surviving spouse,
the surviving spouse shall be charged the rate of tax his
or her deceased spouse would have b
PF
For tax purposes, where a spouse or dependant relative yes

of the donor or of the donor's spouse receives money
for support, maintenance or education during the
lifetime of the donor, this money is not considered to be
a gift or inheritance.
PF
In determining ownership of a company in certain

yes
situations persons who are relatives of another person
connected with the company may be treated as one
person together with the latter. A 'relative' will include a
spouse
PF
A death or retirement pension or other allowance to

benefict the spouse, children or dependants of a
director or employee of a company shall not be
considered as distributions (benefits in kind) for the
purpose of Income Tax assessment.
yes
PF
On the dissolution of a marriage the transfer of property yes

in accordance with either a relief order made within the
meaning of section 23 of the Family Law Act 1995 or an
order made under Part III of the Family Law (Divorce)
Act 1996 is exempt from Stamp D
PF
In the case of fees paid for third level education a

yes
spouse can claim tax relief for paying fees for a
dependant (spouse), or, for a married person whose tax
is assessed in accordance with section 1017 any
payment made by an individual spouse shall be de
PF
This section allows for special tax relief for a widowed

yes
parent following the death of a spouse which will last for
five years in different specified amounts on the
condition that the widowed spouse has not remarried, a
qualifying child is resident with h
PF
Section 3 of the Finance Act 1894 exempting property

yes
has been subject to a bona fide purchase from the
payment of estate duty, and section 7(1) of the Finance
Act 1894 exempting certain debts from deduction from
the value of the estate, will not apply to
PF
If a claimant proves that he maintains at his own

expense any person that is a relative of either himself
or his wife who is incapacitated by old age or infirmity
or either his or his wifes widowed mother who is
incapacitated or not, and if he is a perso
yes
PF
In respect of aggregation of interest paid by connected yes

persons a person is seen to be connected with an
individual if that person is the individuals husband or
wife, unless their income tax is assessed as though they
were not married, under section 193
PF
Capital acquisitions tax bands apply from 200,000 with yes

increments of 50,000, with amounts above 400,000
taxed at 50% (Table I) where the donee is a spouse as
opposed to their application from 13,000 with
increments of 5,000, 10,000 and 15,000, with
PF
For the year of assessment 1980 81 and any

yes
subsequent years an individual can make a claim for a
deduction in income tax based on the individual turning
65 years old or based on the spouse of the individual
turning 65 years old.
PF
Where a premium is paid by a wife, from her own

income, for insurance on her own life, her husbands
life, or any deferred annuity on either her or her
husbands life, the same tax deductions on the
husbands own tax assessment will be made as if the
prem
yes
PF
A pension allowance, benefit or gratuity paid for military yes

service in the War of Independence to a veteran, wife,
widow or child shall be exempt from tax and not
included in computing income tax.
PF
Where a couple has divorced, both are resident in the

State and neither have remarried, their income may be
assessed jointly for tax purposes, with maintenance
payments not included in the total income.
PF
yes
Where spouses' income is assessed jointly for tax

purposes under s. 195 of the 1967 Act, maintenance
payments are not included in total income.
No
Provisions PF
relating to
when tax
treatment
of
maitenanc
e
payments
is
accessible
to Civil
Partners
are not as
broad as
for
spouses.
Where the personal representative, spouse or child of

yes
the deceased farmer, being resident in Ireland, takes on
the farming trade and gives notice, the stock will not be
treated as trading stock and deductions may be made
from tax liability for expenses re
PF
In relation to relief for payments made by certain

persons in respect of alarm systems, a relative is
understood to include a relation by marriage.
yes
PF
In relation to tax relief for investment in films any

investment made by a qualifying individuals spouse is
deemed to have also been made by the qualifying
individual.
yes
PF
In relation to repayments of amounts in respect of

vehicle registration tax this amendment provides that
any reference to the person should be construed as a
reference to the person concerned or to that persons
spouse.
yes
PF
In relation to relief on interest paid on certain home

No
loans a qualifying residence is understood to include the
sole or main residence of the individual, the sole or
main residence of the former or separated spouse of the
individual, or the sole or main
Provisions pf
relating to
when tax
treatment
of
maitenanc
e
payments
is
accessible
to Civil
Partners
are not as
broad as
for
spouses.
Payments made under a maintenance agreement

relating to marriage for the benefit of a spouse shall be
tax deductable.
No
Provisions
relating to
when tax
treatment
of
maitenanc
e
payments
is
accessible
to Civil
Partners
are not as
broad as
for
spouses.
A deduction of 330 will be made on an individuals

No
taxable income if his wife was blind for the whole or any
part of the year of assessment. If the claimant further
proves he himself was also blind a deduction of 660
will be made in lieu of the 330.
PF
If a gift is made to a designated school as it is defined

Yes
by the Act, and this gift exceeds 250 but does not
exceed 1000, then the spouse of the individual making
the gift shall be deemed to have made the gift and can
calculate tax relief accordingly.
PF
Relief is available for premiums paid under qualifying

Yes
long term care policies and can be claimed by any
individual making a payment to a policy, the beneficiary
of which is a qualifying individual in relation to the
individual. A qualifying individual is
PF
Tax relief can be claimed on donations to certain sports Yes

bodies by an individual and if this individual is married
the deduction can serve as a tax relief on the income of
the spouse.
PF
Where the personal representative, spouse or child of the deceased

farmer, being resident in Ireland, takes on the farming trade and gives
notice, the stock will not be treated as trading stock and deductions
may be made from tax liability for expenses re
Yes
PF
Reduction in stamp duty for land conveyed into joint

ownership either where all the joint owners are young
trained farmers or when two of the joint owners are a
young trained farmer and his or her spouse.
Yes
PF
Income tax relief for for fees paid to private colleges on Yes
behalf of a dependant, being a spouse, child, or legal
ward.
PF
In relation to heritage property of companies all persons Yes

other than the spouse of a donee are liable to lose tax
exemptions on the possession and value of such
property when dealing in terms of gifts or inheritance.
PF
An individual is entitled to tax relief on proving that his

wife for the year in question was totally incapacitated
by physical or mental infirmity and that he had to
employ a person to undertake care for his wife.
Yes
PF
Restriction on value of agricultural property applies to

Yes
sales as part of a family arrangement to benefit the
deceased's widow and children where one such family
member retains the property, unless the property is sold
on within 6 years of death.
PF
Where a couple has divorced, both are resident in the

State and neither have remarried, their income may be
assessed jointly for tax purposes, with maintenance
payments not included in the total income.
Yes
PF
Excemptions on stamp duty for transfers of property

between spouses.
If a claimant proves that he maintains at his own
expense any person that is a relative of either himself
or his wife who is incapacitated by old age or infirmity
or either his or his wifes widowed mother who is
incapacitated or not, and if he is a perso
Yes
PF
Yes
PF
In determining for tax purposes the rateable valuation

of farm land occupied by an individual, the land
occupied both by the individual and by his wife are
taken into account
Yes
PF
Where a premium is paid by a wife, from her own

income, for insurance on her own life, her husbands
life, or any deferred annuity on either her or her
husbands life, the same tax deductions on the
husbands own tax assessment will be made as if the
prem
Yes
PF
Ineligibility for or reduction of relief from income tax

under s. 14 where an individual disposes of any eligible
shares before the end of the relevant period except in
the case of a disposal of shares between spouses living
together for income tax purpos
Yes
PF
If an individual, in the year preceding assessment, has Yes

made a payment to an authorised insurer which
provides for the reimbursement of actual, medical or
surgical expenses resulting from sickness or accident to
the individual or spouse of the individual,
PF
If there is no income of the spouse for the year of

assessment in relation to which relief can be given, the
relief may be given in relation to income of the other
spouse. If the amount ascertained exceeds the income
of the spouse for the year of assessme
Yes
PF
On the dissolution of a marriage a gift or inheritance is

exempt from capital acquisitions tax if it is made as a
result of a relief order, an order under section 25 of the
Family Law Act 1995, a maintenance pending relief
order (section 23 (3) of the sam
yes
PF
Benefits payable to the widow or dependant children of

the deceased exempt from stamp duty up to a certain
ceiling.
Where an asset is acquired by a person on the death of
his spouse his period of ownership shall be deemed to
be extended to his spouses period of continuous
ownership. This has significance in respect to
chargeable gains accruing to a person on the dispo
Yes
PF
Yes
PF
A gift taken by a donee, who is at the date of the gift

the spouse of the disponer, shall be exempt from tax
and shall not be taken into account in computing tax.
Yes
PF
A husband and wife, even if separately assessed for tax, Yes

shall be assessed jointly as regards the deduction in
charging sur-tax.
PF
Certain gifts may be substituted by a sum of money

equivalent to the consideration given, excluding
dispositions in consideration of marriage, to or for the
benefit of a party to the marriage or of issue of the
marriage and shall be deemed, to be property
Yes
PF
Prescribed payments for recoverable health charges

made directly to a spouse or former spouse are
disregarded for income tax assessment.
Yes
PF
A husband and wife may apply for separate

assessments of income tax as if they were not married
but total deductions from total income allowed to the
husband and wife by way of personal reliefs and total
tax payable by the husband and wife will remain as
Yes
PF
Income tax deductions are allowed for a husband who

No
does not live with his wife but can prove she is wholly or
mainly maintained by him.
Provisions Pf
relating to
when tax
treatment
of
maitenanc
e
payments
is
accessible
to Civil
Partners
are not as
broad as
for
spouses.
A widowed person is entitled to income tax deductions.
yes
PF
Tax deductions for the maintenance of a child resident

with him or her for a person not entitled to a deduction
for maintenance of a wife not living with him, or to a
deduction based on the death of a husband within the
year, except in the case of a wife
No
Provisions PF
relating to
tax
treatment
of
maitenanc
e payment
in respect
of a child
are not
expressly
set out for
civil
partners
Taxes expenses of directors and non-directors involved Yes

the management of a body corporate in respect of living
or other accommodation, entertainment, domestic or
other services or other benefits but not any pension,
annuity, lump sum, gratuity, or other l
PF
For the purposes of the definition of "qualifying assets"

there shall be taken into account: (I) the period of
ownership of an asset by a spouse of an individual as if
it were a period of ownership of the asset by the
individual, and (II) where a spouse o
Yes
PF
Yes
Where an election has been made or deems to have
been made under section 1018 and has effect for a year
of assessment, income levy payable by one spouse
shall be charged, collected and recovered as if it were
income levy payable by the spouse assessable u
PF
Yes
Where married persons assessed to tax under section
1017, one or both of whom have reached the age of 65
years or over, prove to the Revenue Commissioners that
their aggregate income from all sources is not in excess
of twice the limit, then the Revenue C
PF
Yes
Income tax shall not be payable on expenses incurred
by a corporation on behalf of a director or employee
and not made good to the corporation except in
connection to pensions or other benefits to be provided
to the spouse, child or dependants of a direct
PF
Tax deduction for owner-occupiers made from

amalgamated income of an individual and their spouse
if they are assessed jointly for tax under s. 1017.
Yes
PF
For the purposes of this Chapter, the relevant earnings Yes

of an individual shall not be treated as the relevant
earnings of his or her spouse, notwithstanding that the
individual's income chargeable to tax is treated as his or
her spouse's income.
PF
Yes
For the purposes of this Chapter, net relevant
earnings, in relation to an individual means the amount
of the individual's relevant earnings for the year of
assessment in question less the amount of any
deductions to be made from the relevant earnings i
PF
Where in any year of assessment for which an individual Yes

claims and is allowed relief under this Chapter there is
to be made in computing the total income of the
individual or of the individual's spouse a deduction in
respect of any such loss or allowance
PF
Yes
An individual's net relevant earnings for any year of
assessment shall be computed without regard to any
relief to be given for that year under this Chapter either
to the individual or to the individual's spouse.
PF
A husband and wife may elect to be assessed jointly for Yes

income tax purposes, whereby contributions payable by
a wife shall be charged, collected and recovered as if
they were the contributions of her husband.
PF
In relation to the law concerning disposal of an asset

between spouses, [s. 1028 (5)], and in relation to
Capital Gains Tax and where an Order has been made
under Part II or III, a deed of separation or a relief order
which means both spouses shall be tre
No
Civil
PF
partners
must have
dissolution
or
annulment
to access
favourable
tax
treatment
on
separation,
therefore
can't
access
based on
deed of
separation.
Partners
are not as
broad as
for
spouses.
Higher limit for tax deductible rent for married and

widowed people than for other individuals.
Yes
PF
The definition of 'control' includes a reference to

relative. This definition is frequently used in provisions
which are targeted at the prevention of tax avoidance.
No
Definition PF
not
amended
to take into
account
relative's
of a
taxpayer's
civil
partner.
The term relative is also used in this section.
No
Definition PF
not
amended
to take into
account
any
relative of
the civil
partner.
193(1)(a)(ii)
Insertion of definition of 'family of the civil partner'.
27(2)(b)(i)
Deals with consanguinity refief which provides for a

reduced rate for transfers between relatives
No
The
PF
amendmen
t failed to
include
family of
the civil
partner.
No
The
PF
amendmen
t does not
mirror the
family and
relative
definition
in s598(1)
(a) of the
TCA.
No
Does not
PF
refer to
relatives of
civil
partner
other than
child of
civil
partners
No
The
PF
amendmen
t for civil
partners
does not
achieve
equivalenc
e incl in
terms of
lineal
descenden
t, civil
partner of
grandparen
t or brother
or sister of
a civil
partner of
parent.
Act
Year
No.
Section
Abattoirs Act
Abattoirs Act
Agricultural Credit
Act
Air Navigation and
Transport
(Amendment) Act
Commission to
Inquire into Child
Abuse (Amendment)
Act
1988
1988
1978
8
8
2
1998
24
13(2)
28(2)
31(2)(a)(i)
(II)
32 (12)
2005
17
22, 27
Commission to
2005
Inquire into Child
Abuse (Amendment)
Act
17
27(1)
Consumer Credit Act 1995
45 (2)
Consumer Protection 2007

Act
19
25(2)
Digital Hub
2003
Development Agency
Act
Dublin Transport
1986
Authority Act
23
24(5)
15
19 (1)
Employment Equality 1998

Act
21
2(1)

Act
21
34

Act
21
28 (1)

Act
21
29 (1)(2)(3)
(4)(5)

Act
21
30 (1)(2)(3)
(4)

Act
21
31 (1)(2)(3)
(4)

Act
21
6(2)

Act
21
76 (5)(6)

Act
21
77 (2)
Ethics in Public Office 1995
27
30
27
13 (5)
27
15 (2)(b)
27
15 (2)(ii)
27
15 (4)(a)
27
16 (1)(a)
27
17 (1)(a)
27
18 (1)(a)
27
19 (13)(a)
(i)
27
2 (1)
27
29 (2)
27
Sch. 2 Para.
1

Act
22
13
Farm Tax Act
1985
17
Sch. Para.
14(2)
Food Safety Authority 1998

of Ireland
29
41 (7)
Garda Sochna
Compensation Act
1941
19
3(a)
Gas (Interim)
(Regulation) Act
2002
10
9(7)
Grangegorman
2005
Development Agency
Act
21
28
Grangegorman
2005
Development Agency
Act
Hepatitis C
1997
Compensation
Tribunal Act
Hepatitis C
1997
Compensation
Tribunal Act
21
28(5)
34
4(1)(h)
34
7(1A)
Industrial
Development
(Science Foundation
Ireland) Act
2003
30
16(2)
Investor
Compensation Act
Irish Horseracing
Industry Act
Local Authorities
(Higher Education
Grants) Act
Local Authorities
(Higher Education
Grants) Act
Local Authorities
(Higher Education
Grants) Act
Local Authorities
(Higher Education
Grants) Act
Local Authorities
(Higher Education
Grants) Act
Local Government
Act
1998
37
2(1)
1994
18
48(21)(a)(i)
1968
24
45(2)
1968
24
46(2)
1968
24
58(2)
1968
24
59(2)
1968
24
68(3)
2001
37
166(1)
Local Government
Act
2001
37
175(g)(i)
National
2002
Development Finance
Agency Act
29
17 (2)(10)
National Minimum
Wage Act
National Minimum
Wage Act
National Sports
Campus
Development
Authority
2000
5(a)
2000
2006
19
16 (1, 2,
10)
Occasional Trading
Act
Organisation of
Working Time Act
Organisation of
Working Time Act
Pharmacy Act
1979
35
2(2)(j)
1997
20
3(2)(b)
1997
20
3(2)
2007
20
Sch. 1 Para.
10(3)
Pharmacy Act
2007
20
Sch. 1 Para.
9(3)
Pharmacy Act
2007
20
63
Pharmacy Act
2007
20
63(1)(5)(6)
Pharmacy Act
2007
20
Sch. 1, s. 9
Planning and
Development Act
2000
30
148
Planning and
Development Act
2000
30
148 (8)
Private Security
Services Act
2004
12
17(2)
Private Security
Services Act
2004
12
17
Railway Safety Act
2005
31
20(2)(3)
Residential
Institutions Redress
Act
Residential
Institutions Redress
Act
Sustainable Energy
Act
2002
13
9(1)
2002
13
9(2)
2002
18
Transport (Railway
Infrastructure) Act
Transport (Railway
Infrastructure) Act
2001
55
29
2001
55
28
Transport (Tour
1982
Operators and Travel
Agents) Act
Trustee Savings
Banks Acts
1989
21
21 (5)(a)(i)
Defence
1979
(Amendment) (No. 2)
Act
28
Army Pension
(Increase) Act
1964 27
11
Army Pension
(Increase) Act
1964 27
12
Army Pension
(Increase) Act
1964 27
13
Army Pension
(Increase) Act
1964 27
16
Army Pension
(Increase) Act
1964 27
19
Army Pension
(Increase) Act
1964 27
23
Army Pension
(Increase) Act
1964 27
26
Army Pensions
(Increase) Act
1961 6
17(1)
Army Pensions
(Increase) Act
1962 34
15 (2)
Army Pensions
(Increase) Act
1962 34
17 (1)
Army Pensions
(Increase) Act
1949 28
18(1)
Army Pensions
(Increase)
Regulations
1969 S.I.191
S.6
Army Pensions (No.2)

Act
1960 39
Sch. 2, Pt 1
Army Pensions Act
1980 21
2 (1)
Army Pensions Act
1980 23
5 (1)
Army Pensions
Regulations
1981 S.I. 50
3 (2)
Army Pensions
Regulations
1981 S.I. 50
5 (1)
C.I.E. Superannuation
Scheme
1951 S.I. 353
Rule 22
Central Bank Act
1971 24
54(2)
Central Bank Act
1942 22
33 AG (8)
Central Bank Act
1942 22
Sch. 7 Para
5 (1)
Central Bank Act
1942 22
33 AG (8)
Central Bank Act

CI.E. Superannuation
Scheme
1989 16
1951 S.I. 353
53
Rule 21
Companies Act
1963 33
Sch. 1, s.
90
Companies Act
1963 33
Sch. 1 Para.
90
Comptroller and
Auditor General
(Amendment) Act
1993 8
15 (4)
Courts (Supplemental
Provisions)
(Amendment) Act
1999 25
1 (6)
Provisions)
(Amendment) Act
1999 25
Provisions)
(Amendment) Act
1991 23
11
Provisions)
(Amendment) Act
1991 23
4(2)
Provisions)
(Amendment) Act
1991 23
7(1)
Courts of Justice and

Court Officers
(Superannuation Act)
1961 16
Courts of Justice and

Courts Officers
(Superannuation) Act
1961 16
2 (5)
Defence Forces
(Pensions)
(Amendment) Act
1938
3 (1)(2)
Defence Forces
(Pensions)
(Amendment) Act
1938
3 (1)(2)
Electricity (Supply)
(Amendment) Act
(Amendment) Act
1958 35
15(1)
1958 35
15(3)
(Amendment) Act
1970 5
5(4)(b)
Electricity Supply
Board (Confirmation
of General
Employees
Superannuation
Scheme)
1943 S.I. 182
Clause 42
(3)
Electricity Supply
Board (Confirmation
of General
Employees
Superannuation
Scheme)
1943 S.I. 182
Clause 49
(1)
Electricity Supply
Board Manual
Workers'
Superannuation
Scheme
1943 S.I. 183
Clause 43
(4)
Electricity Supply
Board Manual
Workers'
Superannuation
Scheme
1943 S.I. 183
Clause 50
(1)
European
Communities
(Retirement of
Farmers) Regulations
1974 S.I. 116
Schedule
European
Communities
(Retirement of
1974 S.I. 116
Section 3
European
Communities
(Retirement of
Farmers)
(Amdendment)
Regulations
2000 S.I. 330
3(e)
Garda Sochna Act
2005 20
122 (1)(i)
Great Southern
Railways Company
(Superannuation
Scheme)
1947 21
Schedule
Harbours Act
1946 9
151 (9)
Houses of the
Oireachtas
(Members) Pensions
(Amendment) (No 2)
Scheme
1992 S.I. 354
Clause 5D
Land Commissioners'
Pensions Scheme
1979 S.I. 217
S. 7
Local Government
(Superannuation) Act
1980 8
5 (4)(b)(2)
(II)
Local Security Force

(Compensation For
Personal Injuries)
Scheme, 1943 (Fifth
Amendment)
Scheme, 1979
1979 S.I. 386
S. 5
Ministerial and
Parliamentary
Officers Act
Ministerial and
Parliamentary
Officers Act
1938 38
20
1938 38
20C
Ministerial and
Parliamentary
Officers Act
1938 38
21(4)
Oireachtas
(Allowances to
Members) Act
1938 34
6A (6)(a)(i)
Oireachtas
(Allowances to
Members) and
Ministerial and
Parliamentary Offices
(Amendment) Act
1992 S.I. 3
Subclause
11 of
Clause 5
Pensions (Increase)
Act
1964 10
19 (2)
Pensions (Increase)
Act
1964 10
21 (3)
Pensions (Increase)
Act
1964 10
21 (5)
Pensions (Increase)
Act
1950 3
3 (2)
Pensions Act
1990 25
29 ( 5 )
(a)
Pensions Act
1990 25
4 (b) (iii)
Pensions Act
1990 25
4 (d)
Pensions Act
1990 25
5(4)(b)(i)(II)
Pensions Act
1990 25
54 (1) , (2)
Pensions Act
1990 25
67
(Principle of
equal
treatment)
(3)
Pensions Act
1990 25
69 (1)
Pilotage Order
Confirmation Act
1927 1
Schedule
Presidential
Establishment Act
Presidential
Establishment Act
Presidential
Establishment Act
1938 24
4(1)
1938 24
4(2)
1938 24
4(3)
Superannuation and
Pensions Act
1963 24
Turf Development
Act, 1953 (Regular
Works Employees)
Superannuation
Scheme
1963 S.I. 10
Reg. 27
Army Pensions
(Increase)
Regulations
1969 S.I.191
S.6
Army Pensions
Regulations
1981 S.I. 50
3 (2)
Army Pensions
Regulations
1981 S.I. 50
5 (1)
C.I.E. Superannuation
Scheme
1951 S.I. 353
Rule 22
CI.E. Superannuation
Scheme
1951 S.I. 353
Rule 21
Electricity Supply
Board (Confirmation
of General
Employees
Superannuation
Scheme)
1943 S.I. 182
Clause 42
(3)
Electricity Supply
Board (Confirmation
of General
Employees
Superannuation
Scheme)
1943 S.I. 182
Clause 49
(1)
Electricity Supply
Board Manual
Workers'
Superannuation
Scheme
1943 S.I. 183
Clause 43
(4)
Electricity Supply
Board Manual
Workers'
Superannuation
Scheme
1943 S.I. 183
Clause 50
(1)
European
Communities
(Retirement of
1974 S.I. 116
Schedule
European
Communities
(Retirement of
1974 S.I. 116
Section 3
European
Communities
(Retirement of
Farmers)
(Amdendment)
Regulations
2000 S.I. 330
3(d)
European
Communities
(Retirement of
Farmers)
(Amdendment)
Regulations
2000 S.I. 330
3(e)
Houses of the
Oireachtas
(Members) Pensions
(Amendment) (No 2)
Scheme
1992 S.I. 354
Clause 5D
Land Commissioners'
Pensions Scheme
1979 S.I. 217
S. 7
Local Security Force

(Compensation For
Personal Injuries)
Scheme, 1943 (Fifth
Amendment)
Scheme, 1979
1979 S.I. 386
S. 5
Widow's and
Children's
(Miscellaneous
Offices) Contributory
Pension Scheme
1978 S.I. 5
S. 7 (1)
Circuit Court (Fees)

Order
2008
S.I. 201
Reg. 4 (a,
b)
District Court (Fees)

Order
2008
S.I. 202
Reg. 6 (a,
b)
Civil Legal Aid Act
1995
32
28 (9) c (ii)
Civil Legal Aid

Regulations
1996
S.I. 273
Reg. 14 (4)
Civil Legal Aid

Regulations
1996
Reg. 16 (1)
(a), (2)
Civil Legal Aid

Regulations
1996
Reg. 16 (4)
Family Law Act
1995
26
35
Family Law Act
1995
26
41
Family Law Act
1995
26
42
Summary
Amd by Act
Sch. Pt. 3
Sch. Pt. 3
Sch. Pt. 3
Preservation, under a new superannuation scheme, of

the benefits accorded to spouses under the previous
superannuation scheme.
Educational grant payable to the spouse, among other
relatives, of a person who has been resident in an
institution.
Sch. Pt. 2
Schedule 4
Schedule 4
A creditor or owner may not send any written

communication regarding an agreement with a
consumer to any member of the consumer's family,
unless they are party to the agreement.
Schedule 3
Schedule 1
Declaration of interests on appointment to Digital Hub

Schedule 1
Development Agency shall include gifts received by a
spouse.
If a member of the Transport Authority or other such
97
servant, or his spouse, has a pecuniary or other
beneficial interest in any matter to be decided on by the
Authority, this must be disclosed
The use of 'marital status' throughout the Act, in
reference to forms of discrimination based on that
status, refers to those persons who are single, married,
separated, divorced or widowed
102
It shall not be unlawful for an employer to provide a

102(3)
benefit to an employee in respect of his or her family
members/ events or a change in the employee's marital
status
This section sets out the conditions for which
discrimination is to be measured in terms of
comparators, 'marital status' being one of these.
According to section 2(1) of the Act, 'marital status'
does not apply to same-sex couples
102(3)
Based on the 'marital status' comparator (section 28(1)) 102(3)

and the definition of marital status in this Act (section
2(1)), same-sex couples are excluded from the
protection from discrimination which this section
guarantees in terms of entitlement to equal
remuneration
Relating to the inclusion of non-discriminatory equality
clauses in contarcts of employment, based on the
comparators mentioned in section 28(1), and which by
definition exclude same-sex couples
102(3)
Relating to indirect indiscrimination, based on the

comparators mentioned in section 28(1), and which by
definition exclude same-sex couples
In describing the various grounds of discrimination to
which this Act refers, 'marital status' is named as a
ground, thus excluding same-sex couples
102(3)
Non-discrimination in public service interviews on the

basis of sex, marital status, sexual orientation, religion,
age, disability, race or membership of the travelling
community.
102(3)
A person who claims to have been discriminated aginst

or victimised in contravention of this Act may seek
redress by referring the case to the Director. This, by
definition, does not include same-sex couples
102(3)
102(3)
Schedule 1
additional interest in relation to an office holder

Schedule 1
means any interest specified in the Second Schedule of
which the holder has actual knowledge (a) the spouse of
the office holder, (b) a child of the office holder or her
spouse which could material influence the office holder
in relation to the performance of the functions of her
office.
For the purposes of subsection (1), a gift given to: (a) an Schedule 1
office holder, (b) the spouse of an office holder, or (c) a
child of an office holder or of his or her spouse, is given
to the office holder by virtue of his or her office.
For the purposes of subsection (1), a gift given to: (a) an
office holder, (b) the spouse of an office holder, or (c) a
child of an office holder or of his or her spouse, is given
to the office holder by virtue of his or her office
One exception to the above applies where the gift is

Schedule Part 1
given by a friend or relative of the recipient and for
personal reasons only.
The Government shall draw up and publish guidelines
Schedule Part 1
concerning the steps to be taken by an office holder if
they, or their spouse or children are offered or supplied
properties or services at less than the commercial price,
a loan of property free of charge or for less than
commercial consideration or a service free of charge.
Schedule Part 1
Schedule Part 1
Schedule Part 1
Schedule Part 1
Interpretation section - "spouse" does not include a

Schedule Part 1
person who is living separate and apart. CP Bill amends
this to include civil partners.
Schedule Part 1
Schedule Part 1
Office Holders must declare any additional interests that Schedule Part 1
their spouses possess in writing.
A member of the Farm Tax Tribunal may take no part in Schedule Part 1
an appeal where he has a beneficial interest in land. A
member has a beneficial interest if he or his spouse is
the owner or occupier, or part owner or part occupier,
with one or more other persons of the land or he or his
spouse is connected with the owner or occupier of the
land or is an employer or employee or principal or agent
of, or a trustee or caretaker of the land for, the owner or
occupier thereof, or a person connected with such
owner or occupier.
Schedule Part 1
Schedule Part 4
Declaration of interests on appointment to the

Commission for Energy Regulation, including gifts or
other benefits received by spouse.
Interests to be declared on appointment to various
positions include gifts or beneficial interests related to
the functions of the Agency received by the spouse of
the person to be appointed.
Schedule Part 1
Schedule Part 1
Schedule Part 1
Interests of spouse included in interests that must be

declared on appointment to Grangegorman
Development Agency.
Interests of spouse and cohabitee of at least 3 years in
gas or electricity industries included in interests that
must be declared on appointment to Commission for
Energy Regulation.
97
97
Schedule Part 1
Schedule Part 3
Schedule Part 3
Schedule Part 5
Schedule 5
Schedule 5
Schdule 5
Schedule 5
Schedule 1
Schedule 1
Requirement of persons working with the National

Schedule Part 2
Treasury Management Agency to disclose beneficial
interest, including the beneficial interest of a spouse,
parent, sibling, child or person with whom the person is
cohabiting.
Schedule Part 2
This Act does not refer to anyone who is a family
member, inter alia spouse, of their employer.
Under 16(10) connected relative includes the spouse
of the person, or the spouse of a child of the person.
Schedule Part 2
Schedule 1
Schedule 3
97
97
It constitutes professional misconduct for a medical

Schedule Part 1
practitioner to have a beneficial interest in a retail
pharmacy, including if his or her spouse or dependent
child has such an interest in it, except where the spouse
is a registered pharmacist, a registered pharmaceutical
assistant or a registered medical practitioner. It is also
professional misconduct where the registered
pharmacist is aware of such a beneficial interest of his
or her partner or employee.
It constitutes professional misconduct for a registered

Schedule Part 1
pharmacist to have a beneficial interest in a medical
practice, including if his or her spouse or dependent
child has such an interest in it, except where the spouse
is a registered pharmacist, a reg
Requirement for Council members to disclose beneficial Schedule Part 1
interests in an arrangement or agreement to which the
Council is party, including the interests of a spouse,
opposite-sex cohabitee, parent, sibling, child or spouse
of child.
Requirements relating to beneficial interests include the Schedule Part 1
beneficial interests of a spouse.
Schedule Part 1
Schedule Part 1
Disclosure of beneficial interests by those working with

the Authority shall include the interests of a spouse or
partner, and of the parent, sibling or child of that
spouse or partner.
Schedule Part 1
Conflict of interest provision for connected relatives,

Schedule Part 1
which include the spouse or partner of the person, and
the parents, siblings and children of the person's spouse
or partner.
Schedule Part 4
Schedule Part 4
97
Disclosure of interests including interests relating to a

spouse.
Requirement to declare interests including certain gifts
received by a spouse.
97
97
Declaration must be made with regard to shareholdings 97

held in the name of a spouse on application for a tour
operator's licence.
Requirement of disclosure of interests shall include

Schedule 1
disclosure of the interests of a spouse as a "person with
whom a person who has such an interest is connected".
A man or woman who holds a non- commissioned rank
who has deserted or left in destitute circumstances his
or her wife or husband and/ or any legitimate children
may have various deductions made from his or her pay
as a form of maintenance.
45, 51
The Minister for Finance may approve increase in

pensions which shall include any married or further
person by regulation
99

99

99

99

99

99

99

99

99

99

Increase in a married soldier's pension
99
99
Amount of repayment to children of officers and soldiers
increased for general and educational purposes.
Consolidated
99
Gives the widow of a serviceman who was in receipt of

a secial allowance, a yearly allowance of 296.
99
Where a married soldier or officer is killed or wounded

in the line of duty a special allowance shall be made to
his wife/spouse.
Notwithstanding the relevant restrictions, the sole
condition necessary for the grant of a further pension or
a married pension to which this paragraph applies is
that a person should be in receipt of a wound or
disability pension.
99
99
Where a person applied for the grant of a disability

pension and died before such grant could be made and
the Minister is satisfied that the person would have
complied with the statutory conditions necessary for the
grant, the Minister may grant to the widow of such
person (provided she had not remarried) the
appropriate allowance.
99
If a male member with not less than ten years
pensionable service dies in the service of the Board
leaving a widow or children under 18 years of age, an
annuity shall, during the period of five years from the
date of the member's death, be paid to such widow or
for the benefit of such children.
99
Provision for granting allowances to widows of officers

of the bank.
99
Superannuation benefit is defined as a superannuation

benefit payable to or in respect of a person to whom
this section applies or, where such a person has died, to
the spouse or a child of that person, and includes a
pension, a retirement allowance and a gratuity.
Schedule 2
Superannuation benefit of financial services

ombudsman and deputy financial service ombudsman
payable to a beneficiary or, if the beneficiary has died,
to the spouse or a child of the beneficiary, and includes
a pension, a retirement allowance and a gratuity.
Schedule 2
Provision for superannuation benefits for the surviving

spouse of an officer or employee of the Central Bank or
of the FSA.
Definition of "connected person"
Where a former member entitled to receive an annuity
dies within five years from the date of his retirement, if
this member is male and leaves a widow to whom he
was married before he retired, the whole of the annuity
to which he was entitled shall continue to be paid to her
until the expiration of five years from the date of his
retirement so long as she still lives and does not
remarry.
Schedule 2
Schedule 2
99
Provision for the payment of retirement pension,
allowance or gratuity to the widow or dependants of
directors.
The directors on behalf of the company may pay a
gratuity or pension or allowance on retirement to any
director who has held any other salaried office or place
of profit with the company or to his widow or
dependants, and may make contributions to any fund
and pay premium for the purchase or provision of any
such gratuity, pension or allowance.
99
Provision for granting pensions to the spouses and

children of deceased persons who have held the office
of Comptroller or Auditor General and to whom the
Supperanuation Scheme does not apply.
99
Pending the making of regulations as specified in the

above provision, any administrative arrangements for
the payment of pensions to spouses shall continue to
have effect subject to certain conditions
99
Any pension made to the spouse of a former ordinary

judge of the Supreme or High Court shall be charged on
and payable out of the Central Fund
99
Pensions to Judge or Justice or spouse or child of same

to be made out of the central fund.
99
Power of the Minister to grant pension to the spouse

and children of Judges, Master of the High Court, Taxing
Master or County Registrar.
Schedule 2
Every regulation made under section 4 (2) which relates

to the spouse or any child of a judge, justice or other
person referred to in this Act shall be laid before each
House of the Oireachtas as soon as may be after it is
made.
Schedule 2
Surrender of part of pension by judges, justices and

certain court officers for pension for wife or dependant.
Schedule 2
Reduction of gratuity by reference to contribution to

spousal pensions.
99
Pensions may be granted in certain circumstances to

the widow of a member of the Defence Forces who was
serving at the time of his death
99
Pensions may be granted in certain circumstances to

the widow of a member of the Defence Forces who was
serving at the time of his death
99
Surrender of certain allowances in return for annuity to

wife or dependent
An annuity under this section shall be payable during
the period (if any) for which the wife or dependant
survives the person making the surrender.
Schedule 2
Where a person entitled to a supplementary allowance

has, since retirement with the consent of the committee
cancelled or surrendered his pension in return for the
grant of a pension to his wife, this be deemed to have
effect from the date of his retirement.
Schedule 2
Schedule 2
If a member who has been retained in the service of the

Board or been re-employed dies during this service the
Board shall pay to his legal representative, his wife or
dependant such sums as would have been payable if
the member had dies on the date of his retirement.
99
A contributing member may before retirement date
apply for part of the pension to which he is entitled to
be surrendered to his wife or any other named
dependant approved by the Committee payable after
his death.
99
99
A male contributing member may, before the normal
retiring date, apply for a reduced pension payable
during the joint lives of himself and his wife.
99
Article 13 of the Farmers' Retirement Scheme provides
that the annuity payable under the Scheme may be
increased from time to time to take account of any
increase in the Consumer Price Index. These regulations
increase the amount of the annuity from 1,692 to
2,016 for a married person whose spouse is alive and
from 1,128 to 1,344 for a single person, widow or
widower with effect from 1st May, 1982. Further
increase in the annuity payable in S.I. 197/1983 to
2,268 and 1,512 respectively. Consolidated.
99
This SI relates to Article 13 of the Farmers' Retirement
Scheme provides that the annuity payable under the
Scheme may be increased from time to time to take
account of any increase in the Consumer Price Index.
These regulations increase the amount of the annuity
from 996 to 1,104 for a married person whose spouse
is alive and from 660 to 732 for a single person,
widow or widower with effect from 1st May, 1979.
Increase in annuity payable by the 1980 Regulations S.I.
238/1980 S.3 to 1,380 and 912 respectively.
Consolidated.
99
Increase of amount of annuity paid to a surviving
spouse of a married person
99
The Minister may, after consulting with the Garda

Commissioner and with the approval of the
Government, make regulations for the management of
the Garda Sochna, including regulations relating to
pensions allowances and gratuities to members and
their spouses, children and dependents.
Schedule Part 2
Superannuation scheme for employees of the Great

Southern Railways Company - use of the term "widows"
and "widowers"
Schedule Part 2
Established staff of the harbour authority who were in

the service of the harbour authority before the coming
into operation of the superannuation scheme may
accept the scheme or it will not apply and he shall
retain (or in the case of his death his wife and children
or other members of his family) the benefit of all such
provisions relating to superannuation and other like
allowances (including gratuities) as applied in relation to
him immediately before the coming into operation of
the scheme.
Schedule Part 2
A married person who is a member may give notice in

writing to the Trustees whether, in the event of his or
her death, he/she wishes the gratuity referred to in
subclause (1) of this Clause to be paid to the surviving
spouse or to his or her personal representative.
99
A person to whom a pension is granted under this
Scheme, otherwise than on retirement on a medical
certificate, may surrender portion of the pension in
return for a pension for his wife or one other named
dependant.
Powers of the Minister to amend existing local
government superannuation provisions affecting
widows, orphans and dependants to apply not earlier
than the 1st day of January, 1970, or in any other case,
the 1st day of June, 1978.
99
Schedule 2
Weekly rate for pension payable to a widow increased

for those at a pensionable age.
99
Pensions and allowances to widows and children of
deceased holders of qualifying offices (either ministerial
or secretarial offices).
Pensions and allowances to widows and children of
deceased holders of qualifying offices (either ministerial
or secretarial offices) extended to persons who did not
hold a qualifying office at the date of his death.
Schedule Part 2
Schedule Part 2
Empowers the Minister for Finance to make regulations

in ministerial pensions, gratuities under this Part of this
Act, secretarial pensions, widows' pensions, and
children's allowances.
Provision, in relation to deceased persons who were
members of the Oireachtas, for pensions for their
widows and children, including adoptive children.
Schedule Part 2
Schedule 5
Notwithstanding provisions relating to cessar of

widowhood, if the Trustees are satisfied that a
remarriage has come to an end or that there are
compassionate grounds for the payment of widow's
pension, the trustees may grant or regrant the pension.
99
Where a person has surrendered part of a pension to
provide a pension for a wife or dependant, any pension
actually payable to him or to the wife or dependant
shall be increased.
99
In the case of a pension specified in paragraph (f) of

Part II of the Schedule to this Act, the amount
determined referred to in subsection (1) of this section
is half the amount of the pensioner's husband's pension.
99
Where a pension or allowance payable to a widow of a

member of the Garda Sochna or of the Dublin
Metropolitan Police was calculated as a proportion of the
average annual pay received by the member during a
period which commenced before the 1st day of March,
1960, the pension or allowance shall be increased by
recalculating it by reference to a revised average annual
salary as the Minister determines.
99
Scheduled pensions to be increased. Restricted

pensions listed in Part I of the Schedule to this Act to be
increased to the lesser amount which is defined as (a)
in the case of a pension granted to an unmarried man,
the amount which would have been determined under
paragraph ( b ) of this definition if the pensioner had
been married.
99
Where a scheme provides for a pension payable to, or

for, the widowed spouse of the member concerned in
the event of that member's death while in relevant
employment prior to his attaining normal pensionable
age the trustees of the scheme may, in lieu of the
benefit specified in subsection (4), provide under the
scheme a contingent pension calculated in accordance
with paragraph 1 of Part A of the Second Schedule and
such benefit shall be deemed to form part of that
member's preserved benefit.
99
Guidelines specifying the manner and circumstances in

which certain payments should be made should take
account of the retirement or death of the spouse of the
member, or the fact that the spouse of the member
leaves the scheme.
99
Accumulated value includes payments made by the

member spouse
99
In the calculation of benefits and transfer amounts

payable [under a pensions scheme], regard should be
had for the amount of retirement benefit payable to the
spouse of a member.
99
It shall be the duty of the trustees of a scheme to

furnish information to the persons specified in
subsection (2) Persons to whom subsection (1) relates
are ( b ) the spouses of members
99
For the purposes of this section, discrimination on the

basis of sex shall be deemed to occur in respect of a
matter relating to an occupational benefit scheme in but
only in the following cases( b ) where a person is
treated, by reference to his marital or family status, less
favourably than a person of the other sex with the same
status ( d ) where because of a person's marital or
family status the person is unable to comply with a
requirement or condition (i) in respect of which the
proportion of persons of the other sex with the same
status able to comply with such requirement or
condition is substantially higher than the proportion of
persons of the first mentioned sex so able, and (ii)
which is not justifiable irrespective of the sex of the
persons to whom it applies,
99
In determining whether a scheme complies with the

principle of equal treatment under section 66, account
shall not be taken of ( d ) any difference of treatment in
relation to benefits for a deceased member's surviving
spouse repealed
99
Any moneys received by the Pilotage Authority in the

name of pilotage shall be, and they are hereby
apportioned as between the pilot fund or account other
than a payment to a licensed pilot who shall have been
superannuated or temporarily disabled by sickness or
the widow and family of such pilot after his decease or
to the widow and family of such pilot who shall have
been drowned lost or disabled in the discharge of his
duty.
Schedule Part 1
Grant of pensions to widows of ex Presidents.
Schedule Part 2
Pension entitlements of widows or widowers of ex

Presidents
Grant of pensions to widows and widowers of ex
Presidents.
Schedule Part 2
Schedule Part 2
If a Min deems a service to be within a pensionable

capacity a pension or a marriage gratuity may be
awarded.
The benefit payable on the death of a member under
these Regulations shall be applied for the benefit of his
widow and other dependents.
99
99
Increase in a married soldier's pension
99
Notwithstanding the relevant restrictions, the sole
condition necessary for the grant of a further pension or
a married pension to which this paragraph applies is
that a person should be in receipt of a wound or
disability pension.
99
Where a person applied for the grant of a disability

pension and died before such grant could be made and
the Minister is satisfied that the person would have
complied with the statutory conditions necessary for the
grant, the Minister may grant to the widow of such
person (provided she had not remarried) the
appropriate allowance.
99
If a male member with not less than ten years
pensionable service dies in the service of the Board
leaving a widow or children under 18 years of age, an
annuity shall, during the period of five years from the
date of the member's death, be paid to such widow or
for the benefit of such children.
99
Where a former member entitled to receive an annuity
dies within five years from the date of his retirement, if
this member is male and leaves a widow to whom he
was married before he retired, the whole of the annuity
to which he was entitled shall continue to be paid to her
until the expiration of five years from the date of his
retirement so long as she still lives and does not
remarry.
99
99
A contributing member may before retirement date

apply for part of the pension to which he is entitled to
be surrendered to his wife or any other named
dependant approved by the Committee payable after
his death.
99
99
A male contributing member may, before the normal
retiring date, apply for a reduced pension payable
during the joint lives of himself and his wife.
99
Article 13 of the Farmers' Retirement Scheme provides
that the annuity payable under the Scheme may be
increased from time to time to take account of any
increase in the Consumer Price Index. These regulations
increase the amount of the annuity from 1,692 to
2,016 for a married person whose spouse is alive and
from 1,128 to 1,344 for a single person, widow or
widower with effect from 1st May, 1982. Further
increase in the annuity payable in S.I. 197/1983 to
2,268 and 1,512 respectively. Consolidated.
99
This SI relates to Article 13 of the Farmers' Retirement
Scheme provides that the annuity payable under the
Scheme may be increased from time to time to take
account of any increase in the Consumer Price Index.
These regulations increase the amount of the annuity
from 996 to 1,104 for a married person whose spouse
is alive and from 660 to 732 for a single person,
widow or widower with effect from 1st May, 1979.
Increase in annuity payable by the 1980 Regulations S.I.
238/1980 S.3 to 1,380 and 912 respectively.
Consolidated.
99
Increase of amount annuity paid to married person,
widowed or single person
99
Increase of amount of annuity paid to a surviving
spouse of a married person
99
A married person who is a member may give notice in

writing to the Trustees whether, in the event of his or
her death, he/she wishes the gratuity referred to in
subclause (1) of this Clause to be paid to the surviving
spouse or to his or her personal representative.
99
A person to whom a pension is granted under this
Scheme, otherwise than on retirement on a medical
certificate, may surrender portion of the pension in
return for a pension for his wife or one other named
dependant.
99
Weekly rate for pension payable to a widow increased

for those at a pensionable age.
99
A pension may not be granted under this Scheme for a
child who is the step-child of the deceased, if the
deceased's marriage to the step-child's mother took
place after the deceased's last day of reckonable
service.
99
Exempting family law or any matrimonial cause or
matter from fees
No
Exempting family law or any matrimonial cause or
matter from fees
No
Specific exemption from general prohibation on giving

No
legal aid in a property dispute which provides that legal
aid may be granted for proceedings arising out of a
dispute about property for an opposite-sex couple for
whom an agreement to marry is or was in force or who
are or have been cohabiting.
The assessment of income for the purpose of legal aid
shall take the income of a spouse into account if the
spouses are living together and suject to certain
conditions.
No
An allowance of 3,500 per annum in respect of the
applicant's spouse is subtracted from income for the
assesment of the level of disposable income for
assessment of eligibility for legal aid, even where the
spouses are living apart, provided the applicant is
paying maitenance.
No
Where the applicant is living apart from his or her

spouse, an extra allowance not exceeding 8,000 per
annum incurred in respect of their spouses
accommodation costs if the applicant is paying this
cost, is subtracted from income for the assesment of
the level of disposable income for assessment of eligib
No
Power of the court to set aside transactions that could

No
reduce maintenance claims, pending the determination
of those claims.
Power of the court to require secured maintenance
No
orders.
Power of the court to require lump sum maintenance
orders.
No
Notes on Amd
Crosschecked
JQ
JQ
JQ
RK
RK
JQ
RK
JQ
JQ
ED
ED
ED
ED
ED
ED
ED
ED
ED
ED
JQ
JQ
JQ
JQ
JQ
JQ
JQ
JQ
JQ
JQ
JQ
JQ
RK
JQ
JQ
JQ
JQ
RK
JQ
RK
RK
JQ
JQ
2006
JQ
JQ
JQ
JQ
JQ
JQ
JQ
RK
JQ
x
JQ
JQ
JQ
2006
JQ
JQ
JQ
RK
RK
JQ
2006
JQ
RK
JQ
JQ
JQ
JQ
2006
2006
No but I'm
pretty sure
it has not
been amd.
past 2006,
SI and Act
checked up
to that
date.
2006
General provision for maintenance

order and attachment of earnings
order.
JQ
OOC
OOC
OOC
OOC
Section 99 does not refer to

deceased civil partners however it
provides that a benefit under a
pension scheme that applies to a
spouse applies equally to a civil
partner. Section 109(e)(ii) refers to
widows, dependents and civil
partners.
ED
JQ
JQ
RK
JQ
OOC
JQ
Section 99 applies to pensions,

defined in Section 109(e)(ii) to
include benefits for widows,
widowers and dependents, and
includes civil partners.
JQ
JQ
JQ
Probably covered in so far as

spousal pensions are extended to
civil partners but this would not
cover a new and separate pension
scheme established solely for civil
partners.
JQ
JQ
JQ
OOC
OOC
OOC
OOC
OOC
OOC
OOC
JQ
JQ
JQ
OOC
OOC
JQ
OOC
Section 109(e)(ii) appears to cover

this.
JQ
JQ
JQ
JQ
OOC
99
99
99
99
JQ
xx
JQ
JQ
JQ
JQ
Section 99 does not refer to

deceased civil partners. Section
109(e)(2) refers to widow and
widower and appears to provide for
civil partners. Section 109(e)(ii)
would appear to extend this to civil
partners.
RK
OOC
OOC
OOC

this.
this.
OOC

this.
OOC
OOC
OOC
OOC
OOC
OOC
OOC
OOC
OOC
OOC
OOC
OOC
OOC
Unclear because civil partnership

does not create a family under the
constitution which defines "family"
as the family "based on marriage",
nor is it a matriomonal matter. In
reality, court office will probably
regard it as a family law matter.
JQ
Specific exemption not extended to

same sex couples who intend to
become civilly partnered or or
same sex couples who are living
together
Section 42 of the Act allows for
civil legal aid to be granted in
proceedings arising out of a
dispute between civil partners.
However, the income assessment
provision mentioned here is not
amended.
JQ
As above, this provision is not

amended by the Act.
JQ
As above, this provision is not

amended by the Act.
Note that equivalent orders are
available in the context of
dissolution.
dissolution.
dissolution.
JQ
Number
Act
Year
No.
Section
Aliens Act
1935
14
5(4)
Refugee Act
1996
17
18(3)(a)
Aliens Act
1935
14
Irish Nationality and

Citizenship Act
1956
26
15A(1)

Citizenship Act
1956
26
15A(2)

Citizenship Act
1956
26
15A (3)(4)

Citizenship Act
1956
26
16 (b)(c)

Citizenship Act
1956
26
22(1) and
(2)

Citizenship Act
1956
26
23

Citizenship
Regulations
1956
S.I. 26
Regulation
14
Refugee Act
1996
17
20 (1)
Refugee Act
1996
17
22 (1) (a),
Dublin
Convention
Art. 4, 9
Immigration Act
2004
4(10)(c)
Immigration Act 2004 2008

(Registration
Certificate Fee)
Regulations
SI 336
Regulation
3,4
International Criminal 2006

Court Act
30
60; Sch. 2
Arts 15, 16
(f)(i)
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
4 (2)
EC (Free Movement
of Persons)
Regulations
EC (Free Movement
of Persons)
Regulations
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
4 (3)(b)
2006
S.I. 656
4 (4)
2006
S.I. 656
(I) 6(1)
(a)(i) and
(ii), 6(2)(b)
and 6(3)(a)
(II) 6(2)
(a)(iv) and
6(3)(a)
(III)
6(3)(b)
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
10 (1)
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
10 (2)
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
13 (3)
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
13 (7)
EC (Free Movement
of Persons)
Regulations
2006
S.I. 656
20 (5)c)
EC (Free Movement
of Persons)
Regulations
EC (Eligibility for
Protection)
Regulations
2006
S.I. 656
24
2006
S.I. 518
16(3)(b)
and 16(4)
(b)
EC (Right of
Residence for NonEconomically Active
Persons)
1997
S.I. 57
EC (Right of
Persons)
1997
S.I. 57
11 (b), c)
EC (Right of
Persons)
1997
S.I. 57
12 (3)
European Bank For

Reconstruction and
Development Act
1991
2, Sch. Art.
52(2)
Summary
Amd by Act
An alien's order does not apply to the spouse of

someone entitled to diplomatic immunity.
Sch Pt 5, Item 2
Family reunification
Sch. Pt 5, Item 16
A licence is required for aliens to change their names,

except in the case of a woman asssuming her married
name.
The non-Irish spouse of an Irish citizen fulfilling the
requirements, can apply for Irish citizenship under this
provision.
No
The Minister can waive the residency and relationship

duration requirements for naturalisation for the at risk
spouse of an Irish citizen.
The spouse of an Irish citizen in the public service, living

outside Ireland, can apply for Irish citizenship. Spouses
of public servants benefit from preferential treatment
entitling their periods of residence while living together
outside of Ireland to be reckonable for the purposes of
calculating continuous residence and total residence
periods under the Act.
The Minister has the discretion to grant citizenship for a

certificate of naturalisation in cases where the applicant
is a parent or guardian acting on behalf of a minor of
Irish descent or Irish associations, or where the
applicant is a naturalised Irish citizen acting on behalf of
a minor child of the applicant, although the conditions
for naturalisation, or any of them, are not complied
with. No equivalent provision is made for the waiver of
the ordinary preconditions for naturalisation in the case
of the minor child of a civil partner.
The death of an Irish citizen shall not affect the

citizenship of his or her surviving spouse or children,
and the loss of Irish citizenship by a person shall not of
itself affect the citizenship of his or her spouse or
children.
A person who marries a non-national shall not, merely
by virtue of the marriage, cease to be an Irish citizen,
whether or not he or she acquires the nationality of the
non-national. There is no protection against loss of Irish
nationality for the same-sex partner of an alien who
acquires the nationality of the alien.
While the spouse of an Irish citizen pays 200 for their
citizenship application, the same-sex partner of an Irish
citizen pays 950 for their citizenship application.
Marriage certificate, inter alia, explicitly listed in nonexhaustive list of official national or UN identity
documents.
Members of a family based on marriage can require a
state which has recognised their family member as a
refugee to examine their application for refugee.
Otherwise transfer under the Dublin Convention is
discretionary.
No
No
While the immigration officer is not precluded from

No
taking family-relationships based around a same-sex
couple into account, there is no express reference to do
so. [All personal relationships are expressly recognised
as relevant to the immigration decision]
While the fee for an immigration application is waived
for married couples, the fee is not waived for same-sex
couples, who have to pay 150. [Subject to a new
regulation by the Minister]
No
ICC officials and their families, in the absence of a

No
waiver, shall enjoy diplomatic privileges and immunities
to the extent necessary to carry out their functions.
qualifying family member', in relation to a Union citizen, No

means (a) the Union citizen's spouse,
(b) a direct descendant of the Union citizen who is (i) under the age of 21, or
(ii) a dependant of the Union citizen,
(c) a direct descendant of the spouse of the Union
citizen
who is (i) under the age of 21, or
(ii) a dependant of the spouse of the Union citizen,
(d) a dependent direct relative of the Union citizen in
the ascending line, or
(e) a dependent direct relative of the spouse of the
Union citizen in the ascending line;
There is no express provision for the
inclusion of civil partners within the definition of
qualifying family member and civil partners must bring
themselves within the definition of permitted family
memberin order to avail of the attenuated rights
associated with such status
The non-EU spouse of a European Union citizen may not

be refused entry to the State except in the case of a
health or security risk, with no provision for an
extensive examination of the personal circumstances of
the person concerned.
No
The non-EU spouse of a European Union citizen
requiring a VISA shall benefit from an accelerated
process and receive a VISA free of charge.
An immigration shall not place a stamp in the valid
immigration documents of the non-EU spouse of a
European Union citizen.
(I) The non-EU spouse of a European Union citizen may
stay in the country for less than three months under
certain conditions, without any requirement of an
examination of his or her personal circumstances by the
Minister.
(II) The Union citizen spouse of a
European Union citizen may stay in the country for less
than three months under certain conditions, without any
requirement of an examination of his or her personal
circumstances by the Minister.
These benefits at (I) and (II)
are only enjoyed by qualifying family members and so
do not extend to civil partners.
(III) To stay for longer
than three months, the State will look at the position of
the Union citizen spouse or partner. Both spouses and
partners are permitted to remain for longer than three
months where the Union citizen spouse or partner is
either working, self-employed or has sufficient
resources. However, where the Union citizen is enrolled
Retention of the right of residence by EU family
members of EU citizens in the event of divorce or
annulment of marriage.
No
No
No
No
Retention of the right of residence by non-EU family

members of EU citizens in the event of divorce or
annulment of marriage, under certain conditions.
No
Conditions as to length of residence or activity required
for application for permanent residence do not apply
where the spouse of the EU citizen concerned is an Irish
citizen or has renounced his or her Irish citizenship on
marriage to the EU citizen
No
An Irish citizen sho had renounced citizenship on
marriage to a now deceased EU citizen is entitled to
remain permenantly in the State under certain
conditions.
No
The immigration officer is not required to notify the HSE

of the detention of the person with custody of a child
under 18 where that child is married.
No
Cessation of entitlements because of acquisition by
fraudulent means explicitly includes marriages of
convenience.
Family reunification procedures and criteria for
members of the family and dependant members of
the family of persons entitled to subsidiary protection.
The respective definitions of these terms do not extend
to civil partners, or to children of civil partners.
No
No
Residence permits may be granted to non-economically No
active non EU-citizen EEA-citizens if applicant is able to
support their spouse and provide medical insurance.
Residence permits may be withdrawn if noneconomically active non EU-citizen EEA-citizens if
applicant is no longer able to support their spouse and
provide medical insurance.
No
Spouse of the holder of a residency permit has

permission to work.
No
Spouses of people working for the bank in foreign

countries shall be accorded opportunity to take
employment in that country.
No
Notes on Amd
Protection extended to civil
partners. However:
(i) No equivalent changes are
made to the Diplomatic
Relations and Immunities Act
1967 which provide for and
govern the positive enjoyment
of diplomatic immunities
generally, including, in
numerous provisions, by the
spouses of persons entitled to
such immunity.
(ii) Under the
Aliens Act, whereas the child of
a person entitled to diplomatic
immunity, other than the head
of a diplomatic mission, cannot
be the subject of an Aliens
Order, the non-biological child
of a civil partner is not
similarly protected.
Crosschecked
CH
Entitlement of refugees in
CH
respect of whom a declaration
of refugee status is in force to
avail of the family unification
provisions of the Refugee Acts
is extended to civil partners
CH
Civil Law (Miscellaneous)

Pf
Provisions Bill 2011 has now
extended equal treatment to
civil partners in relation to Irish
citizenship.
See note 5
PF
See note 5
PF
See note 5
PF
See note 5
PF
See note 5
PF
See note 5
PF
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
CH
Act
Year
No.
Section
Summary
Amd by Act
Disability Act 2005
2005
14
9(1)(b),
9(2)(a)
A spouse, parent or relative, guardian or person acting in loco Sch. Pt 5 s. 23

parentis, legal representative or personal advocate assigned
by the Comhairle may make an application for assessement
for services or needs related to a person's disability.
Family Law
(Maintenance of
Spouses and
Children) Act
1976
11
In certain circumstances, the Court may make an order

S.44
(maintenance order) that the other spouse make to the
applicant spouse periodical payments, for the support of the
applicant spouse and of each of the dependent children of the
family.
Parallel provisions with the following

differences: does not allow for the making
of a maintenance order in relation to
children (unless they are biological, cf 5A
of the 1976 Act).
Family Law
(Maintenance of
Spouses and
Children) Act
1976
11
23
District and Circuit Court jurisdiction up to 500 and 150 for S.45, 140(2)
maintenance for the support of a spouse and child
respectively.
Parallel provisions for maintenance of civil

partner
Succession Act
1965
27
56, 58(6)
The right of a surviving spouse to act as trustee for property

appropriated under s 56 for an infant.
70, 71
2006
Succession Act
1965
27
68
74
Succession Act
1965
27
69
75
Succession Act
1965
27
70
76
Succession Act
1965
27
82
77
Succession Act
1965
27
83
78
Succession Act
1965
27
85
79
2006
Succession Act
1965
27
109
80
2006
Succession Act
1965
27
113
83
Succession Act
1965
27
114
84
Succession Act
1965
27
115
85
Succession Act
1965
27
121
If an intestate dies leaving neither spouse nor issue his estate

shall be distributed amongst his parents
If an intestate dies leaving neither spouse nor issue nor
parents his estate shall be distributed amongst his brothers
and sisters
If an intestate dies leaving neither spouse nor issue nor
parent nor sibling his estate shall be distibuted amongst his
next-of-kin
Any gift, bequest etc made to an attesting witness of the will
or his spouse shall be null and void
A creditor or his spouse, to whom debts charged in the will
are owed, may act as a witness
Will revoked on marriage except where that will is made in
contemplation of marriage
Application of rules on intestacy to any testator leaving a
spouse and child(ren).
The legal right of spouse may be renounced in an antenuptial contract between the parties
A testator may grant an additional gift to his spouse on top of
that spouse's legal right/ entitlement
Where the deceased dies wholly testate, and has left a
bequest to his spouse, the spouse may elect to take either
that gift or her legal entitlement
The Court may make certain orders in respect of dispositions
made by the deceased which are deemed to have had the
purpose of disinheriting the deceased's spouse or children.
88
Defence
1979
(Amendment) (No. 2)
Act
28
A man or woman who holds a non- commissioned rank who

Cf 44, 50
has deserted or left in destitute circumstances his or her wife
or husband and/ or any legitimate children may have various
deductions made from his or her pay as a form of
maintenance.
Notes on Amd
General provision for maintenance order

and attachment of earnings order.
Crosschecked
RK
Succession Act
1965
27
67
If an intestate dies leaving no issue the spouse shall be

entitled to the whole estate; two thirds if there is issue
S.72
Succession Act
1965
27
111
If a testator leaves a spouse and no children the spouse shall Cf 83,86

be entitled to one half of the estate; if children, one third
Succession Act
1965
27
112
The right of a spouse under s. 111 shall have priority over

devises, bequests and shares on intestacy
Cf 82
Succession Act
1965
27
117
An order for provision for children of the deceased does not

affect the legal rights of the surviving spouse or, if the latter
is the parent of the child, the rights under testate or
intestacy.
Cf 86
Succession Act
1965
27
120 (2,3)
Cf 87(a), 87(b)
Adoption Act
2010
33
1 (a)
Exclusion of unworthy spouse from succesion on the basis of

certain behaviour, such as desertion
Unless the prospective adopters are a married couple, an
adoption order can only be made in respect of one person.
Adoption Act
2010
20
20(1)
Children Act
2001
Children Act
2001
118(19)(d) A day centre order in respect of a married child shall be sent

to his or her spouse or to another adult with whom the child
is residing.
119(4)c)
Where a day centre order is varied in respect of a married
child , a copy of the varied order shall be sent to his or her
spouse or to another adult with whom the child is residing.
Children Act
2001
124(8)c)
A probation order in respect of a married child shall be sent to No

his or her spouse or to another adult with whom the child is
residing.
Children Act
2001
124(8)c)
A probation order in respect of a married child shall be sent to No

his or her spouse or to another adult with whom the child is
residing.
Children Act
2001
69
Where a child is married, then S.64 of the act will not apply.
This means Parents and guardians can't be named in a
summons and be required to attend court.
No
Children Act
2001
144
Where a child is married, their spouse is entitled to give

evidence at a deferment of detention hearing.
No
Children Act
2001
75, (4) (a)
where a child is married, they are entitled to consult with

their spouse when deciding whether or not to give their
consent to be or not be tried by a Jury.
No
No
Where the applicants for an adoption are a married couple

No
the order shall be for the adoption of the child by them jointly.
No
No
Parallel regime with different

arrangements for the rights of the
child(ren) of the deceased (inserted s 67A
of the 1965 Act).
child(ren) of the deceased.
Family Law
(Maintenance of
Spouses and
Children) Act
1976
11
21A
One spouse has the right to compel the other spouse, who is
not necessarily the parent of the child concerned, to make a
contribution towards the birth or funeral expenses of a
dependant child of the family.
No
Family Law
(Maintenance of
Spouses and
Children) Act
1976
11
Where subsequent to being married a couple enter into a

written agreement whereby one spouse undertakes to make
periodical payments towards the maintenance of the other
spouse or of any dependent children of the family, the court
can deem this agreement t
No
Guardianship of
Infants Act
1964
2, 6(1), 6A The married mother and father of a child shall be joint

guardians. Provision is also made for appointment of the
unmarried father of a child as guardian.
Guardianship of
Infants Act
1964
7(1)(2)
Guardianship of
Infants Act
1964
7 (3)(4)(5) A surviving spouse may object to having joint guardianship of No

his or her marital child with the guardian appointed by his or
her deceased spouse. The guardian may make an application
to the court for an order regarding the custody of the infant,
which cou
Status of Children Act 1987
26
46
Presumption of paternity, i.e. that the husband of the mother No

is the father of the child, under certain conditions.
Succession Act
1965
27
116
Succession Act
1965
27
120 (4)
Succession Act
1965
27
46 (3,4)
Where a testator has made permanent provision for his

No
spouse in his lifetime by way of contract, this may be counted
as satisfying the legal right of that spouse
A person who was guilty of any offence against the deceased No
or his spouse shall be precluded from taking his share in the
estate as a legal right
A deceased person's solvent estate shall be administered to No
account for funeral expenses etc but this shall not affect the
legal right of the deceased's spouse
Succession Act
1965
27
72A
If a person disclaims an estate and is not a spouse or direct

lineal ancestor under the act, that the estate shall be
distributed as if that person had died without leaving issue.
No
Not amended by the Civil Partnership Act,

so that if the person disclaiming is the
deceased person's civil partner, the
distribution will proceed as if the
disclaiming person had no children even
if, in fact, he or she has children.
Succession Act
1965
27
63
Advancements made to a child during the lifetime of a parent No

to be taken into account in determining his or her share on
the death of a parent include a marriage portion.
Not amended by the Civil Partnership Act

however S.63 (10) of the 1965 Act does
provide that "child" includes a person
whom the deceased was in loco parentis.
No
A spouse has the power to appoint a guardian for his or her

No
marital child which guardian, on the death of the first spouse,
has joint guardianship of the child with the surviving spouse.
Act
Year
No.
Section
Summary
Civil Registration 2004

Act
The Civil Registration Service covers registration of

marriage and dissolution or nullification thereof.

Act
13 (1)
Establishment of register for, inter alia, marriage and

dissolution or nullification thereof.

Act
17

Act
60 (1)(a)

Act
65 (1)(a)
The authority shall appoint such number of registrars of 10

'births, stillbirths, deaths and marriages' as necessary
with defined functions.
18
Duty to notify in writing of the reasons for failure to
register a marriage. Provision is made for the appeal of
such a decision.
Power of an tArd-Chlraitheoir to make enquiries as to
20
whether a marriage has occured and whether it has
been registered correctly. Power to change entries to
the register.

Act
66 (1)
Power of an tArd-Chlraitheoir to give information on

marriages to certain people, notwithstanding data
protection rules.
21

Act
69 (10)
Solemnisation of a marriage which fails to comply with

the required procedures is an offence.
22

Act
69 (4)
Failure to register a marriage without reasonable cause

is an offence.
22

Act
69 (9)
22

Act
73 (1)

Act
73 (3)(a),
73 (7)
Provision for the collection of vital statistics on intra alia 24

marriages, dissolution or nullification of marriages and
"any other prescribed matters".
Provision for making regulations requiring information
24
related to marriages and their dissolution.
Courts
(Supplemental
Provisions) Act
39
45 (1) (b)
Matrimonial proceedings may be heard in camera.
1961
Amd by
Act
8
Notes on Amd
145
s 143 reads The Circuit Court shall sit to hear

and determine civil partnership law proceedings
in a different place or at different times or on
different days from those on which the ordinary
sittings of the Circuit Court are held. Civil
partnership law proceedings may also be held
in camera--now provided for by s. 145, 2010
Act.
Credit Union Act
1997
15
35 (10)
In this section "identity documents" includes a passport, Sch. Pt 1 s.

visa, national identity card, driving licence, birth
23
certificate, marriage certificate or any other document
establishing a person's nationality or identity
Credit Union Act
1997
15
114 (2)
Non-admissibility of affidavit given subject to Court

order in evidence against the author or spouse, except
in perjury proceedings arising from statements in the
affidavit.
Criminal Assets
Bureau Act
1996
31
11(1)
Sch. Pt 5
Criminal Assets
Bureau Act
1996
31
13(1)
Sch. Pt 5
Criminal Assets
Bureau Act
1996
31
15(1)
Sch. Pt 5
Criminal Justice
Act
Criminal Justice
Act
Defence Act
1999
10
41(1)(a)
Sch. Pt 5
1954
18
161(4)(a)
(ii)
Defence Act
1954
18
161
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
Family Law
(Divorce) Act
1996
33
13 (5)
149
1996
33
14 (3)
150
1996
33
16 (2)
151
1996
33
19 (4)
154
1996
33
20 (2)(b)
155
1996
33
17 (19)
152 (a)
1996
33
17 (23)(a)
152 (b)
1996
33
18 (2)
153 (a)
1996
33
18 (5)
153 (b)
1999
41
The intimidation of members of family, inter alia

spouse, of witnesses or jurors is an offence.
Sch. Pt 1 s.
24
Sch. Pt 5,
s. 19
Sch. Pt 5
Communication for the purpose of influencing a military Sch. Pt 5 s.

tribunal shall be disregarded by the Director of a
3.
member of his staff unless those communications are
made by a member of the family of a person involved in
the matter, member of family including spouse and
opposite-sex cohabitee, but not same-sex partner.
Family Law Act
1995
26
8 (5)
Payment orders made on grant of judicial separation

160
cease to have effect on the remarriage of the spouse in
whose benefit the orders were made.
Family Law Act
1995
26
9 (3)
Property adjustment orders related to a judicial

separation cannot be made in favour of a spouse who
has remarried.
159
Section 2(1) of the Act of 1995 is amended by

s159, which means that no PAOs can be made
in relation to people who have entered into a
foreign relationship recognised as equivalent to
a civil partnership under s. 5 of the 2010 Act. S
9(3) is amended by s 161, which means that
PAOs may not be granted to someone who has
entered into a subsequent marriage OR CIVIL
PARTNERSHIP.
Family Law Act
1995
26
15 (4)
Property adjustment orders under the section cease to

have effect on the remarriage of the spouse in whose
benefit the order was made.
162
Section 11(2) of the Act of 1995 is amended by

s162. Section 15(4) is amended by s164.
Section 11 deals with financial compensation
orders (now not available where the person has
entered into a subsequent marriage OR CIVIL
PARTNERSHIP); s. 15 deals with orders for the
sale of property, which now are not available
where the applicant has entered into a
subsequent marriage OR CIVIL PARTNERSHIP
Family Law Act
1995
26
15A (2)
Orders under the section cannot be made in favour of a 163

spouse who has remarried.
163. Section 12 of the Act of 1995 is

amended (a) in subsection (19) by inserting
or registration in a civil partnership after
remarriage, and (b) in subsection (23)(a) by
inserting or registered in a civil partnership
after remarried. S15a(2) is amended by S 165
Family Law Act
1995
26
11 (2) (b)
Financial compensation orders made on grant of judicial 162

separation cease to have effect on the remarriage of
the spouse in whose benefit the orders were made.
Family Law Act
1995
26
11 (2) c)
Family Law Act
1995
26
12 (19)
Financial compensation orders related to a judicial

162
separation cannot be made in favour of a spouse who
has remarried.
Payment orders under the section cease to have effect 161(a)
on the death or remarriage of the person in whose
favour it was made in so far as it relates to that person.
Family Law Act
1995
26
12 (23)(a)
Pension adjustment orders cannot be made in favour of 161(b)

a spouse who has remarried.
Section 9(3) of the Act of 1995 is amended

Section 12(19) is amended by S163 (a). As
noted above, s. 9 deals with property
adjustment orders which are now not available
where the applicant spouse has remarried OR
ENTERED INTO A CIVIL PARTNERSHIP
Section 9(3) of the Act of 1995 is amended
Section 12(23) is amended by S163 (b)
Family Law Act
1995
26
23 (2)(d)
Relief orders for foreign separations or dissolutions of

marriage cannot be made in favour of a spouse who has
remarried.
Period for payment orders shall end not later than the
death or remarriage of the spouse in whose benefit the
orders were made.
Payment orders shall cease to have effect on the death
or remarriage of the spouse in whose benefit the orders
were made.
Payment orders may not be made in favour of a spouse
who has remarried.
164 (a)
Section 15(4) of the Act of 1995 is amended.

Section 23 (2) (d) is amended by S 166 (a)
Family Law Act
1995
26
23 (5)
164 (b)

Section 23 (6) (b) is amended by S 166 (b)
Family Law Act
1995
26
23 (6)(b)
164 c)(i)

Section 23 (6) (b) is amended by S 166 (c)
Family Law Act
1995
26
23 (6)c)
164 c)(ii)

Section 23 (6) (c) is amended by S 166 (c)
Family Law Act
1995
26
25 (2)
Order for provision from the estate of a deceased

person whose marriage was dissolved in a jurisdication
other than the State may not be made should the
applicant have remarried.
165 (1)
Section 15A(2) (inserted by section 52 (g) of

the Family Law (Divorce) Act 1996 ) of the Act
of 1995 is amended by inserting or registered
in a civil partnership after remarried. Section
25(2) is amended by s 167 (1)
Family Law Act
1995
26
25 (6)
Notice of an application for provision from the estate of 165 (2)

the deceased by a former spouse shall be given to the
spouse if any of the deceased and any other persons as
the court may direct.
Health Act
Health Act
Mental Health
Act
2004
2004
2001
42
42
25
46(3)(a)
46(4)
9
Sch. Pt 5
Sch. Pt 5
95
Mental Health
Act
Mental Health
Act
Mental Health
Act
Powers of
Attorney Act
2001
25
10
95
ibid. s 10 now amended by 98(4)
2001
25
14
95
ibid. s 14 now amended by 98(5)
2001
25
24
95
ibid. s 24 now amended by 98 (6)
1996
12
5 (4)
Powers of
Attorney Act
1996
12
5 (7), Sch.
2 Pt 1 s. 2A
104 (2) (b) 7A inserted, with the slight practical difference

in recognition of the fact that there is no
provision for judicial separation for civil
partners.
Prosecution of
Offences Act
Residential
Institutions
Redress Act
1974
22
6(2)(a)(i)
Sch. Pt 5
2002
13
1(1), 9
ibid. Section 25(2) is amended by s 167 (2).
Amends Section 9(2) of the Domestic Violence

Act of 1996 Mental Health Act is now Amended
by s98. s9 now amended by 98( 3)
For the power of an attorney to be an enduring power,

102 (2) (a) Amends Section2(1) of the Employment
the attorney cannot be the owner of or reside with an
Equality Act 1998 Powers of Attorney Act now
employee of the owner of a nursing home in which the
Amended by s104. s5(4) now amended by
donor resides unless, inter alia, the spouse of the donor.
s104 (2)
A spouse, which includes a cohabitee, may make an

Sch. Pt 4 s.
application on behalf of a deceased person eligible for
3
application for redress. Otherwise the applicant shall be
deemed to have accepted the award.
Residential
Institutions
Redress Act
2002
13
1(1), 9(2A) An award made to a deceased applicant may be

accepted or rejected by the deceased's spouse, which
includes a cohabitee, or child. If the deceased is not
survived by a spouse or child, the applicant is deemed
to have accepted the award.
Sch. Pt 4 s.
3
Solicitors
(Amendment)
Act
Family Law Act
1994
27
32(4)
Sch. Pt 5
1995
26
36
Provision for the summary determination of questions

between spouses or former spouses in relation to
property, subject to certain conditions.
Cf 104
Parallel provision, different in so far as it

excludes provision for the child of a surviving
spouse, and in so far as civil partners whose
civil partnership has been dissolved cannot
apply under this provision and neither can civil
partners whose civil partnership has been
annuled abroad.
Family Law
(Divorce) Act
1996
33
5 (1)(a)
Cf Article 41.3.2.i of the Constitution. Divorce may only

be granted where a couple have been living apart for
four of the previous five years.
Cf 108 (a)
Dissolution of civil partnership may only be

granted where a couple have been living apart
for two of the previous three years.
Family Law
(Divorce) Act
1996
33
5 (1)(c)
Divorce may only be granted where proper provision

has been made for the spouses and children.
110(b)
Parallel provision excluding reference to

children.
Family Law
(Divorce) Act
1996
33
Where an application is made to the court for the grant Cf 109

of a decree of divorce, the court shall give consideration
to the possibility of a reconciliation between the
spouses concerned and, accordingly, may adjourn the
proceedings at any time for the purpose of enabling
attempts to be made by the spouses, if they both so
wish, to effect such a reconciliation with or without the
assistance of a third party
Equivalent.
Family Law
(Divorce) Act
1996
33
Certain communications regarding reconciliation or

agreement on terms of a divorce or separation are
inadmissible as evidence.
Cf 110
Parallel provision with the slight difference in so

far as agreements on the terms of separations
are not covered, given that there is no provision
for judicial separation for civil partners.
Family Law
(Divorce) Act
1996
33
10
Where the court grants a decree of divorce, the

Cf 111
marriage, the subject of the decree, is thereby dissolved
and a party to that marriage may marry again.
Parallel provision with the slight difference in so

far as it is explicitly stated that the parties may
either marry or enter into a civil partnership.
Note that s. 10 of the 1996 Act is not amended
to explicitly reflect the possibility of entering
into a civil partnership, although this is
understood.
Family Law
(Divorce) Act
1996
33
11
Where an application is made to the court for the grant

of a decree of divorce, the court, before deciding
whether to grant or refuse to grant the decree, may, in
the same proceeding grant (a) a barring order (b) an
order under section 11 of the Guardianship of infants
Act of 1964 or (c) an order under section 5 or 9 of the
Family Home Protection Act, 1976
Cf 113
Parallel provision referring to preliminary orders

under the Domestic Violence Act, regarding a
shared home under the provisions laid out by
the Act, but excluding orders relating to
children.
Family Law
(Divorce) Act
1996
33
12
Where an application is made to the court for the grant Cf 114

of a decree of divorce, the court may make an order for
maintenance pending suit, that is to say, an order
requiring either of the spouses concerned to make to
the other spouse such periodical payments or lump sum
payments for his or her support

children. Potentially the court could make this a
requirement on the basis of ss. 129 of the Act,
but this is unclear.
Family Law
(Divorce) Act
1996
33
13
On granting a decree of divorce or at any time

Cf 115
thereafter, the court, on application to it in that behalf
by either of the spouses concerned or by a person on
behalf of a dependent member of the family, may,
during the lifetime of the other spouse, or, as the case
may be, the spouse concerned, make one or more of
the following orders (a) a periodical payments order, (b)
a secured periodical payments order

Family Law
(Divorce) Act
1996
33
14
Provision for property ajustment orders on divorce.
Cf 116

Family Law
(Divorce) Act
1996
33
15
Provision for miscellaneous ancillary orders on divorce.
Cf 117

requirement on the basis of ss. 129, but this is
unclear.
Family Law
(Divorce) Act
1996
33
16
On granting a decree of divorce or at any time

Cf 118
thereafter, the court, on application to it in that behalf
by either of the spouses concerned or by a person on
behalf of a dependent member of the family, may make
a financial compensation order in respect of one spouse
in favour of the other

Family Law
(Divorce) Act
1996
33
17
The court may make pension adjustment orders in

respect of one spouse in favour of the other spouse
where a decree of divorce has been granted

but this is
Family Law
(Divorce) Act
Family Law
(Divorce) Act
1996
33
18
1996
33
19
Provision for making provision for a spouse out of the

Cf 125
estate of the other spouse on divorce.
The court may make an order for the sale of a property Cf 126
in which either or both of the spouses has a beneficial
interest, where the court has made a secured periodical
payments order, a lump sum order or a property
adjustment order
Cf 119
Equivalent
Equivalent
Family Law Act
1995
26
39
The court may only grant a decree of nullity of marriage Cf 140 (3)
on the condition of domicile in the State of either
spouse for a period previous to the commencement of
proceedings or, if one of the spouses is deceased, for
the same period of time previous to their death.
Periods prior to the death of a deceased spouse

not recognised under domicile requirements for
all civil partnership proceedings, but only for
declarations regarding civil partnerships under
s. 4.
Judicial
Separation and
Family Law
Reform Act
1989
30, 32-36
Special rules are established for family law proceedings Cf 138,

under number of Acts related to care of children and
141-145
separation or dissolution of marriage, notably
guaranteeing privacy and informality and giving the
court discretion over costs.
Comparable provision made for informality,

privacy and costs discretion, but no similar
rules made for children

Act
46 (1) (a),
48 (1)(4)
Three months notice required for marriage with

provision for an exception.
Parallel provision (59B and 59C of the 2004 Act)

with a slight difference in so far as the
excemption seems not to carry over after six
months for future civil partners as it does for
future spouses.

Act
64 (7)
Provision for cancelling the record of a purported

Cf 19
marriage where the parties were of the same-sex or one
party was a minor and did not get an excemption.
Parallel provision for cancelling the record of a

civil partnership, no provision for excemption
for minors.
Marriages are prohibited on certain grounds of

sanguinity and affinity. Note that one of the restrictions
on affinity has been found unconstitutional.
Cf 26
Parallel provision with a slight difference in so

far as civil partnerships are only prohibited on
the grounds of sanguinity.
Cf 7(3), 16 Parallel provision with two slight differences in

so far as the impediments to civil partnership
include the wider grounds of the knowledge of
the absence of free and informed consent and,
under the inserted s. 59F of the 2004 Act,
objections must be accompanied by a
certificate by a consultant psychiatrist.
Marriage Act
1835
Cf 16

Act
2 (2)(d) Cf
ss 51(3),
51(5), 58,
69(10)(i)
Impediments to marriage include circumstances where

the marriage would be void by virtue of the Marriage of
Lunatics Act 1811, with any objection accompanied by
the provision of a certificate by any registered medical
practitioner. Failure to make a declaration as to
impediments to marry is an offence and an objection
can be made in advance of solemnisation so as to
prevent solemnisation.
Children Act
2001
92
Provides that it may be possible that a spouse may be

No
entitled to be in the married child's company during the
conveyance to and from court.
Children Act
2001
106
Court may give the Spouse of a married child the

opportunity to give evidence in a trial.
No

Act
2 (2) Cf ss
51(3),
51(5), 58,
69(10)(i)
Impediments to marriage include circumstances where

the parties are of the same sex. Failure to make a
declaration as to impediments to marry is an offence
and an objection can be made in advance of
solemnisation so as to prevent solemnisation.
No
7(2) amends the section to provide that an

existing civil partnership is an impediment to
marriage and that marriage is an impediment
to civil partnership - this may cause problems in
the case of gender reassignment.

Act
51 (2)c),
52(4)
A marriage can be solemnised in an alternative venue if No

the Ard Claritheoir or a superintendant register is
convinced that the health of one of the parties requires
it.
The 2004 Act does provide that if the

place for solemnisation of a marriage is
not the office of the solemniser then it
must be approved by the authority
employing the registrar. Under section 15
that authority is a local health board, ergo
the HSE. Therefore the system is in fact
the same in both cases.

Act
51 (1)(3)c), A marriage can be solemnised by registered religious

No
53 (1) (4) bodies as well as by registrars, in a ceremony approved
(a)
by the religious body concerned.
Courts of Justice
Act
1953
32
31
Whereas proceedings must usually be brought in the

jurisdiction in which the plaintif resides, certain
procedings may be brought by a married woman in the
jurisdictional in which her husband resides.
No
Criminal
Evidence Act
1992
12
22(1), 25
The spouse of the accused is not compellable as a

witness against the accused except in procedings
related to violence against the spouse, a child of the
spouse or of the accused or a minor. A spouse is never
compellable where both spouses are charged in
No
Criminal
Evidence Act
1992
12
22(2), 25
The former spouse of the accused is not compellable as No

a witness against the accused for offences committed
while the marriage was subsisting, except in procedings
related to violence against the spouse, a child of the
spouse or of the accused or a minor.
Criminal
Evidence Act
1992
12
24(1)(a),
25
The spouse of the accused is not compellable as a

No
witness against the person co-accused with their spouse
except in proceedings related to violence against the
spouse, a child of the spouse or of the accused or a
minor. A spouse is never compellable where
IBID
Criminal
Evidence Act
1992
12
24(1)(b),
25
For offences committed while the marriage was

No
subsisting, the former spouse of the accused is not
compellable as a witness against the person co-accused
with their spouse except in proceedings related to
violence against the spouse, a child of the spouse
IBID
Criminal
Evidence Act
1992
12
26
Criminal Justice 2001

(Theft and Fraud
Offences) Act
50
19(4)
Privilege may be claimed by spouses in so far as

No
necessary to protect the Constitutional right to marital
privacy.
Inadmissibility of evidence disclosed about stolen
No
property in criminal proceedings against the discloser or
spouse other than proceedings for withholding
evidence.
CPS don't have a constitutional right to

marital privacy as it stands hence the lack
of extension of same.
Non-compellability of spouses is a
recognition of the bonds of trust and
confidentiality within the marital
relationship historically, therefore
excluding this for CPS suggests
something 'different' about the
relationship.
Non-compellability of spouses is a
recognition of the bonds of trust and
confidentiality within the marital
relationship historically, therefore
excluding this for CPS suggests
something 'different' about the
relationship.
IBID
Criminal Justice
Act
1984
22
15(4)
A member of the Garda Siochana may require a person No

to disclose certain information when he or she is, or is
suspected of being, in possession of a firearm or
ammunition, but this information shall not be admissible
in evidence against him or her, or his
ibid
Criminal Justice
Act
1984
22
16(4)
A member of the Garda Siochana may require a person No

to disclose certain information when he or she is
suspected of being, in possession of stolen property, but
this information shall not be admissible in evidence
against him or her, or his or her spouse,
ibid
Criminal Justice
Act
2006
26
182 (6)
Inadmissibility of evidence disclosed by order for the

purposes of investigation into the commision of an
arrestable offence in criminal proceedings against the
discloser or spouse.
No
ibid
Data Protection
Act
1988
25
27 (2)
Information supplied by a person in compliance with a

No
request under this Act shall not be admissible as
evidence against that person or his or her spouse in any
proceedings against him or her for an offence under this
Act
ibid
District Court
Rules
1997
S.I. 93
Order 37
(8)
Possibility for summary trial on indictable offence only

when a child has had the opportunity to consult with,
among others, an adult spouse.
The 2004 Amended rules allow the child to

plea summarily when they have "the child,
having had the opportunity to have the
assistance of his or her parent or
guardian, adult spouse, an adult relative
accompanying him or her, wishes to plead
guilty". The fact that there is no
recognisable legal relationship between a
non-biological parent CP and a child
means that there may be occassions when
a child is not permitted to consult with
their non-legally-recognised parent in
order to decide whether to plead guilty
for summary conviction or not. The
likelihood is that this would be managed
in the courtroom by the District Court
judge who will probably allow for the
consultation and recognise it within Rule
37(8) however this could present grounds
for appeal by the child who could
subsequently claim that no assistance as
mandated by the Rule was acquired prior
to the plea. This may therefore present
some practical difficulties for courts
although this rule has a number of built in
safeguards of which this is only a part
(and seemingly an optional part at that)
so the real impact of it is difficult to
assess in abstracto. however, it does point
to a further instance where non-
No
Domicile and
1986
Recognition of
Foreign Divorces
Act
24
5(1)
A divorce shall only be recognised if granted in the

country where either spouse is domiciled.
No
Family Law
(Divorce) Act
1996
33
5(1)(b), 6,
7
Cf Article 41.3.2.ii of the Constitution. In order to obtain No

a divorce, a couple must show that there are no
reasonable prospects of reconciliation with a
requirement to consider mediation.
Family Law
(Divorce) Act
1996
33
14 (7)
Property ajustment order on divorce cannot be made

against a spouse if he or she is living in that property
with a new spouse.
Family Law
(Divorce) Act
1996
33
15 (3)
An order granting one spouse the right to occupy the

No
family home on divorce cannot be made against the
other spouse if he or she is living in that property with a
new spouse.
equivalence provided by s. 119(3)
Family Law
(Divorce) Act
1996
33
19 (6)
An order granting for the sale of property on divorce

No
cannot be made against the other spouse if he or she is
living in that property with a new spouse.
equivalence provided by s. 119(3)
Family Law Act
1981
22
States that gifts given to couples engaged to be married No

as wedding gifts are presumed to be the joint property
of the couple. Additionally these gifts may be reclaimed
if the wedding does not take place.
as there is no equivalent legal status to

engagement for CP there is no such
provision.
Family Law Act
1981
22
In the case of gifts between the couple engaged to be

No
married it is presumed that the gift should be returned if
the wedding does not take place, unless one of the
parties dies before the wedding in which case the gift is
presumed to have been given uncon
As there is no equivalent legal status to

engagement for CP there is no such
provision.
Family Law Act
1995
26
29 (1)(d,e), Provision for making a declaration regarding the

30
recognition of a foreign dissolution.
Family Law Act
1995
26
29 (4)(5)
(6)(8)
No
No
Provision for the involvement of the AG in the making of No

declarations concerning marriages and foreign
dissolutions, in which case the decision is binding on the
State.
Under 5(4) a dissolution shall be recognised by

ministerial order, with no legal protections
regarding domicile requirements.
There is no constitutional requirement of
same for CPs hence the difference,
although s.111 does provide that the
Court may adjourn dissolution
proceedings to allow for reconciliation or
agreement re some elements of the
dissolution. In so doing the Court can
recommend that the parties seek the
assistance of a mediatory or other third
party, and either CP can have the
proceedings resumed by application which
the Court "shall" then do at the earliest
opportunity (s.111(2)).
Section 118(9) provides that no PRO can
be made in respect of the family or shared
home in which either CP resides with a
new CP or spouse. Therefore there is
equivalence here.
Family Law Act
1981
22
Where an engagement is broke off, and a third party

No
applies to the court asserting that a party to the
agreement has received a benefit of a substantial
nature from the applicant, the court may make an order,
including a compensation order
Family Law Act
1981
22
Where an agreement to marry is terminated and it

No
appears to the court, on application by a party to the
agreement or another person, that, by reason of the
agreement expenditure of a substantial nature has been
incurred by that person, the court may make
ibid
Health (Mental
Services) Act
1981
17
41(5)
Only the spouse and certain other eligible relatives of a No

person in detention in a psychiatric centre can appeal
the decision of a review board to continue detention.
International
Criminal Court
Act
2006
30
58 (1);
Under certain circumstances, spouses, children or
No
Sch. 1 Art. parents have the automatic right to appeal a conviction
84(1)
on the death of the accused. Provision is made for the
accused to give express written instructions to another
person to bring such a claim.
Part 10 of the 2010 Act includes

amendments to the Mental Health Act
2001 to allow for a civil partner (excluding
CPs living apart from the proposed patient
or in relation to whom a domestic violence
order has been made) to apply for
involuntary admission (s. 98, 2010
amending s.9, 2001); precluding a medical
practitioner who is a civil partner of the
proposed patient from making a
recommendation re involuntary admission
(s.98(4), 2010 amending s. 10, 2001);
precluding a consultant psychiatrist who
is a CP of the proposed patient from
making an admission order (s. 98(50,
2010 amending s. 14, 2001); precluding a
consultant psychiatrist from changing a
voluntary admission to involuntary
admission in respect of a person with
whom said consultant has a CP (s.98(5),
2010 amending s. 24, 2001). All decisions
as to involuntary detention of a patient on
mental health grounds are now
determined under the 2001 Act therefore
the lack of equivalence here is of little or
no relevance. Appeals from the review
tribunal's determination as to involuntary
detention (which review determinations
are automatically triggered by involuntary
admission) and those decisions can by
appealed by patients or their legal
International
Criminal Court
Act
2006
30
49; Sch. 1
Art. 79 (1)
Trust fund established for victims and the families of

victims, to which the Irish State must submit any
monies recovered under an ICC order, if the Court so
orders.
No
This may be interpreted to allow family to

include civil partner.
International
Criminal Court
Act
2006
30
59(1)(a)(i); The Court may take measures to ensure the well-being

Sch. 1 Art. of victims, potential witnesses and their families, with
87 (4)
which the Irish State pledges to cooperate.
No

International
Criminal Court
Act
Judicial
Separation and
Family Law
Reform Act
2006
30
14; Sch. 1
Art. 68 (5)
No

1989
Judicial
Separation and
Family Law
Reform Act
1989
30
Family law proceedings includes proceedings relating to No

the nullity of marriage.
Jurisdiction of
Courts and
Enforcements of
Judgments Act
1998
52
Enforcement of enforceable maintenance orders
No
National
Monuments
(Amendment)
Act
1987
17
20 (3)
Evidence given in compliance with s. 20(1) in

inadmissable against a person or the person's spouse
except proceedings for an offence under the National
Monuments Acts 1930 - 1987.
No
Prison Rules
2007
S.I. 252
5 (2)
Requirement to inform the spouse of a minor who on

committal or readmission to or upon transfer of prison.
No
Prison Rules
2007
S.I. 252
41 (4)
Where a Garda representative visits a minor prison

inmate for identification purpose, all reasonable efforts
shall be made to inform his or her spouse.
No
Prison Rules
2007
S.I. 252
47 (3)
Requirement to inform the spouse of a minor prison

inmate who falls seriously ill or dies.
No
Prison Rules
2007
S.I. 252
5 (2)
Requirement to inform the spouse of a minor prison

inmate of the time and place of release.
No
Proceeds of
Crime Act
1996
30
14C (6)
Evidence given in accordance with an order for

No
information regarding property held in trust may not be
used in evidence against a persons spouse.
Special procedures for submitting a summary of

evidence where witnesses or their families may be put
in danger by the use of the evidence.
Provision for granting judicial separation under certain
circumstances.
No
proceedings for nullity of CP are governed

by Part 11 2010 Act and section 140(1)
provides that the Circuit and High Courts
have concurrent jurisdiction to deal with
civil partnership proceedings, which I
think we can safely assume includes
nullity proceedings
the Prison rules do not appear to have

been amended since 2007 or in the 2010
Act; this causes a serious discrepancy
between CP and marriage here
Proceeds of
Crime Act
1996
30
16B(6)
Evidence regarding property holdings given by order of

the court inadmissible in proceedings against the
provider of the information or his or her spouse, except
in proceedings for perjury in the affidavit.
Proceeds of
Crime Act
1996
30
9(2)
Any information given by a person in compliance with

No
an order under this section is not admissible in evidence
in any criminal proceedings against the person or his or
her spouse.
Residential
Institutions
Redress Act
2002
13
1(1),
10(15)(a)
An application on behalf of a deceased person may take No

oral evidence of the deceased's child or spouse, which
includes cohabitee.
Criminal Law
(Sexual
Offences) Act
2006
15
1, 3 (1)
A "sexual act", unless rape, aggravated sexual assault,

with a person under the age of 17 is an offence, except
when the parties to the Act are married.
No.
Family Law Act
1995
26
38
The Circuit court, when hearing proceedings under this

Act, shall be known as the Circuit Family Court.
No. Cf 137.
DISTRICT COURT 1992

(SOCIAL
WELFARE -CONTRIBUTION
TOWARDS
BENEFIT OR
ALLOWANCE)
RULES
47
District Court
Rules
1997
S.I. 93
Definition of close relative: his or her spouse, spouse of

the parent or child or certifying officer etc.
Order 84
A person under 18 who has been married is treated as

an adult for the purpose of rule 84.
No
Section 169, 2010 amends redress

provisions as detailed in Schedule 4.
Schedule 4, Part 4, No 3 provides that
wherever the words "children or spouse"
appear in the 2002 Act they are to be
substituted with the words the children,
spouse or civil partner within the meaning
of the Civil Partnership and Certain Rights
and Obligations of Cohabitants Act 2010
thereby creating equivalence.
Crosschecked
RK
RK
RK
RK
RK
RK
RK
RK
RK
RK
JQ
JQ
JQ
JQ
JQ
RK
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
JQ
JQ
2006
2006
2006
2006
RK
2006
JQ
RK
RK
JQ
Pb
Pb
Act
Year
No.
Section
Aviation Regulation
Act
2001
17
Building Societies Act 1989
17
52
Building Societies Act 1989
17
87 (2)(e)
Companies Act
1990
33
26, 29
Companies Act
1963
33
289
Companies Act
1990
33
53, 64
Companies Act
1990
33
72
Companies Act
1963
33
193 (1)
Amendment
28/2001 s.
76(a)
Companies Act
1963
33
301 (A) (4) Inserted by

(a)
33/1990 s.
147.
Companies Act
1990
33
187
Companies Act
1990
33
67-71,
72(1)
Companies Act
1963
33
315
Companies Act
Companies Act
1963
1963
33
33
289(3)
300(A)(1)
(b)
Companies Act
1990
33
64
Companies Act
1990
33
26(1)
Electoral Act
1992
23
12(2), 14
c)
Equal Status Act
2000
15
31/2003 s. 25
Equal Status Act
2000
2 (1)
24/2004 s. 47
(a)
Equal Status Act
2000
6 (1)
Equal Status Act
2000
9 (1)
Equal Status Act
2000
33/1990 s.
170.
Inserted by
33/1990 s.
146.
substituted by
28/2001 s. 76.
14/2008 s. 76
(b) (i) and (ii)
Equal Status Act
2000
24/2004 s. 49.
Equal Status Act
2000
16 (1)
Equal Status Act
2000
7(a)
Equal Status Act
2000
8(2)(a)
Equal Status Act
2000
European
Communities
(Deposit Guarantee
schemes)
Regulations
1995
168
17
Health (Nursing
Homes) Act
1990
23
7B
Substituted by
1/2007 s. 3.
Non-Fatal Offences
Against the Person
Act
Non-Fatal Offences
Against the Person
Act
Statistics Act
1997
26
11(1)
No
1997
26
9(1)
No
1993
21
27(1)(a)
No
Age of Majority Act
1985
2(1)
Children Act
2001
91
Defence Act
1954
18
76(1)
2/1985 s. 5(a).
Electoral Act
1992
23
111 (2)(b)
S.I. 156/2007
Art. 8(xi), S.I.
260/2009 Art.
2 (b)
Equality Act
2004, s. 49,
Equality Act
2004, s. 48,
Family Law Act
1995
26
31 (b), 33
Cf. 3/2004, s.
2 (2) (c)
Freedom of
Information Act
1997
13
17
9/2003, s.12
(b), S.I.
265/2003 4(1)
(b)(iii), 4(2)(a)
Garda Siochana Act
1989
20/2004 s. 10.
Garda Sochna Act
2005
20
57(b)
Married Women's
Status Act
1957
Passports Act
Number
2008
2, 14
Passports Act
Number
2008
2, 15
Passports Act
Number
2008
2, 6
Passports Act
Number
2008
10 (2)
Protection of Young
Persons
(Employment) Act,
Protection of Young
Persons
(Employment) Act,
Protection of Young
Persons
(Employment) Act,
Protection of Young
Persons
(Employment) Act,
1996
16
6, 9 (1, 2)
1996
16
9 (1) (2),
10
1996
16
9 (1) (2),
11
1996
16
9 (1) (2), 5
17
9(3)
50/2001 s. 62.
S.I. 1/1997
Reg. 2
Summary
Category
Conflict of
Interest
A person is connected with a director of a building

Conflicts of
society if, he is the director's spouse, parent, brother,
Interest
sister or child; or a person acting in his capacity as the
trustee (other than as trustee under an employees'
share scheme or a pension scheme) of any trust the
beneficiaries of which include the director, his spouse or
any of his children or a body corporate with which he is
associated or the terms of which confer a power on the
trustees that may be exercised for the benefit of the
director, his spouse or any of his children or any such
body corporate.
A parent, spouse, brother, sister or child of an officer of
a society is not qualified for appointment as auditor of
the society.
Restrictions on the acquisition of substantial company
assets by a person connected to a director including,
inter alia, spouse.
Conflicts of
Interest
In respect of a company's winding up, the floating

charge will be invalid where certain circumstances are
in place, including where the company was indebted to
any officer of the company. The definition of 'officer'
includes the spouse or child of an officer
Property
Obligation on directors and secretaries to notify the

company of the interests of their spouses in shares or
debentures of the company or its subsidiaries.
Conflict of
Interest
Notification of family and corporate interests
Conflicts of
Interest
Duty of disclosure of director and secretary of a

company to give notice in writing to the company as
soon as may be of such matters relating to himself and
to his spouse and children as may be necessary for the
purposes of section 190.
Conflicts of
Interests
Conflict of
Interest
At a meeting of creditors where a resolution is proposed Conflicts of

for the appointment of a liquidator, a creditor must
Interests
disclose any connection they have with a proposed
liquidator. A person has a connection with a proposed
liquidator if he is a parent, spouse, brother, sister or
child of, or is employed by a partner of the liquidator.
Persons who are unqualified to act as company auditor
including those who are related to a company officer.
Conflicts of
Interest
Obligation to notify interest in shares, including shares

in which a spouse has an interest.
Conflict of
Interest
A spouse or child of an officer of the company may not

act as a receiver of the property of the company
Conflict of
Interest
Property
Except with the leave of the court, the spouse or child
Property
of an officer of the company may not act as a liquidator
in the company's winding up.
Property
Property
A person and the cohabiting Irish spouse of that person

who is a qualified person for the purposes of electoral
registration under this section, shall be deemed to be
ordinarily resident in the state
Misc
A person providing services, accommodation or other

amenities may refuse those to a person (except if for
reasons of discrimination falling under the
discriminatory grounds section of this Act) if they
reasonably believe that such person will behave in a
disorderly or criminal way
Equality
In describing the various grounds of discrimination to

which this Act refers, 'marital status' is named as a
ground, thus excluding same-sex couples
Equality
A person shall not discriminate (presumably by means

of any of the grounds of discrimination mentioned in
section 2(1)) in disposing of premises or providing
accommodation
Equality
A club which has as its principal purpose the care of the Equality
needs of persons of inter alia a particular marital status,
and on this basis refuses membership to other persons,
shall not be deemed a discriminating club for the
purposes of section 8 of this Act
No discriminition on the basis of the provision of goods. Equality
No discriminition in terms of the disposal of premises

and provision of accomodation.
Imposing or maintaining a preferential fee in respect of
persons together with their children and married
couples excluded from the definition of discrimination
under ss 5, 6, 8(2)(a).
Equality
Differentiation in relation to government provided

housing on the basis of family status, marital status
excluded from non-discrimination requirement for the
disposal of premises and provision of accomodation.
Equality
No discrimination in eligibility for club membership.
Equality
Equality
Lays down the conditions under which a person

Equality
mentioned in the definitional section 2 of the Act may
be taken to have suffered from discrimination. This does
not include same-sex couples
The spouse of an officer of the bank is a "connected
person" and thus is an "excluded depositor"
Various rights attached to marriage.
Misc
Misc
Misc
Misc
If a person marries before the age of 18, he or she
attains majority on marriage. If not, he or she attains
majority at 18.
Where a child is married, the parents will not be
arrested for non attendance at certain proceedings
which if the child were not married and the parents
didnt attend, they would be arrested.
Family
Provision for parentally ordered discharge of a member

of the Defence Forces who is under 18 and unmarried.
Age of
majority
A specified document for proof of identity on voting

includes a marriage certificate when accompanied by
proof of address.
Age of
majority
A marriage between people under 18 is valid where an

exemption to the requirement of majority is granted.
Age of
Majority
A spouse or former spouse can make an application for

the amendment of personal information on behalf of a
deceased person.
Provision for making records of the death of the spouse

of a member of the Garda Siochana or of any other
family members specified in the Regulations.
Admin
Provision may be made for keeping a record of the

Admin
death of a member's spouse or any other such relatives
as may be specified in the regulations.
Requirement of permission of DPP for criminal
procedings taken by a person against their spouse.
Criminal
A person under 18 who is or has been married does not Age of

need to comply with conditions around the consent of
Majority
children and guardians to be issued a passport, in
contrast with unmarried minors.
A parent or guardian may not apply for an emergency
Age of
travel document on behalf of a person under 18 who is Majority
or has been married, in contrast with unmarried minors.
A parent or guardian may not apply for a passport on
Age of
behalf of a person under 18 who is or has been married, Majority
in contrast with unmarried minors.
Subject to this Act, the Minister may, if so requested by Surname
an applicant for a passport who is or was married, issue
a passport to him or her in his or her name that
incorporates the surname of his or her spouse or former
spouse, as the case may be, in plac
Provision for making regulations to exclude close
relatives, inter alia spouses, from protections for young
people in employment.
relatives, inter alia spouses, from the prohibition of
double employment of young people.
relatives, inter alia spouses, from the calculation of
vocational training as working time.
relatives, inter alia spouses, from procedural duties
accompanying the employment of a young person.
Age of
majority
Age of
majority
Age of
majority
Age of
majority
Notes
Amd by
Bill
Sch. Pt 1
s.27
Notes on Amd
Crosschecked
JQ
Sch. Pt 1
s.6
JQ
Sch. Pt 1
s.7
JQ
94(1)(a)
Check - a
little
complex
with regard
to rates of
duty.
Probably
amended
or
redundant.
Sch. Pt 3 s.
4
RK
94(1)(b)
Sch. Pt 1
JQ
Sch. Pt 1
s.1
JQ
Sch. Pt 1
s.2
JQ
Sch. Pt 1
item 10
JQ
Sch. Pt 1
item 9
Sch. Pt 1 s.
3
2006
Sch. Pt 3
Sch. Pt 3
s.5
JQ
JQ
Sch. Pt 3
s.19
Sch. Pt 3
s.18
JQ
Sch. Pt 5 s.
12
ED
103
ED
103
ED
101
ED
103
ED
103
RK
JQ
103
RK
103
RK
103
RK
103
RK
103
OOC
94 (1)(a)
Sch. Pt 5
s.10, s.11
JQ
Sch. Pt 5
s.17
JQ
Sch. Pt
5s.17
JQ
Sch. Pt 5
S.13
No
JQ
No
No
No
No
No
No
Note that there is sufficient

discretion to include civil
partners in the regulations.
No
Note that there is sufficient

discretion to include civil
partners in the regulations.
No
No
No
No
No
No
No
No
No

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Marriage Equality Missing Pieces Audit Full List

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Full List of Provisions Examined

Air Navigation and

Air Navigation and

Air Navigation and

Civil Legal Aid Act

Civil Liability Act

Civil Liability and

Consumer Credit Act 1995

Criminal Damage Act 1991

Enforcement of Court 1940

Enforcement of Court 1926

Residential Tenancies 2004

Residential Tenancies 2004

Family Law Act

Family Law Act

Land Purchase Acts

Liability of a carrier in the event of the death of a

Precision on the extent of privacy accorded to in camera 145

Where the agreement referred to in ss. 2 is a housing

Provision for Ministerial order to deduct maintenance

A health board, spouse, former spouse, parent, or

Copies of orders discharging or varying a safety order,

Allows the court to impose penalites for failure of a

No action shall lie against any under-sherrif for taking

For the purposes of this section, a person shall be

Where any superior interest or an apportioned part

Dwelling in which a married couple ordinarily reside

Where a spouse, without the prior consent in writing of Cf 28

Where the court considers that actions by a spouse may Cf 30 (1)

A spouse may be restricted from disposing of or

Provision for making a declaration regarding the validity Cf 4

Where an agreement to marry is terminated, the rules

The assesment of a reckonable period of tenancy, which

Income eligibility formulae for the aforementioned loans

Previous advances to a spouse to be deemed to have

The duty the occupier of property owes to the

Civil partnership law proceedings may RK

1(3)A inserted: parallel provision

Dwelling in which civil partners

No provision for dependent children in

Parallel provision for shared home,

No equivalent provision for CPs

A consultant psychiatrist must

Parallel regime but with no reference

Parallel regime but with no reference

Largely replicated and applied to civil

Changed by SI No 82/2011 Housing

No provision, therefore it appears that

There is no equlivalent provision

Appears t be no amendment in 2010

Finance Act 1997

Finance Act 2001

Finance Act 2000

Finance Act 1941

Finance Act 1974

Finance Act 1974

Finance Act 1978

Finance Act 1980

Finance Act 1980

Finance Act 1982

Finance Act 1983

Finance Act 1983

Finance Act 1984