Rights as a Cohabitant vs Rights as a Spouse in family law

The absence of case law in relation to the rights of qualified cohabitants under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2011 makes it difficult for practitioners to advise clients who are ‘qualified cohabitants’ as to what their rights would be compared to if they were a spouse involved in Judicial […]

Are Maintenance Orders until Death do us Part?!

Clients often ask when they are entering into a maintenance agreement with a former partner or spouse, whether the maintenance agreement can be changed at a later date if their particular circumstances change. The answer is yes, but in order to alter maintenance, a change of circumstances must be shown. In a judgment published last […]

Parties Can Still Live Under the One Roof Post-Divorce?

In a very interesting decision in the case of R v M in recent months, Mr Justice Jordan reflected the reality for separating/divorced parties in trying to find two separate homes post-divorce where finances are limited. In this case Judge Jordan agreed to ratify the terms of settlement which included a provision that the parties […]

Court of Appeal upholds Restrictive Covenant in Favour of Dunnes Stores.

In a recent high profile case, and one that will be welcomed by landlords and  anchor tenants who have negotiated exclusivity clauses in relation to leasehold arrangements. This involved a case where Dunnes had entered into a long-term lease in Barrow Valley retail park in Carlow. As a general rule, Dunnes stores will insist on […]

A fixed term contract means you can always terminate on expiry- Right? …Wrong!

The question of fixed term contracts is governed by the Protection of Employees (Fixed Term Work) 2003. There are a number of specific protections in the Act which are worthy of mention. Section 6 requires employers to be able to objectively justify any treatment of a fixed term employee which is less favourable than an […]