(To) intimacy and beyond: rethinking the definition of ‘cohabitant’ in Ireland

The issue of cohabitants’ rights in Ireland has received limited attention in either public or academic discourse since the enactment of Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 more than a decade ago. However, questions pertaining to the rights and entitlements of de facto families under Irish law are once again coming under the spotlight. This note considers one discrete feature of the Irish cohabitation scheme: namely, the requirement to prove intimacy to demonstrate the existence of a cohabiting relationship for the purposes of the 2010 Act. It investigates the importance of intimacy within the definition of ‘cohabitant’ and drawing on the most up-to-date case law highlights the deeply (in)sensitive investigations which are often undertaken to establish its existence.