ABSTRACT
This article examines the operation and impact of the regulation of cohabitation in Ireland via Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to ascertain whether this regime adequately respects the autonomy ordinarily associated with non-marital relationships and the revered constitutional position of the family based on marriage. It is argued that the statute achieves as equitable a balance as possible between providing protection for cohabitants and allowing them to self-regulate their relationships, while also largely assuaging constitutional concerns in this area. However, when coupled with the empirical evidence pertaining to cohabitation trends in Ireland, the criteria applicable before one cohabitant can seek redress from the other indicate that the statutory regulation of cohabitation is unlikely to have a significant impact on non-marital couples.
