Marriage, civil partnership and the prohibited degrees of relationship

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dc.contributor.authorMee, John
dc.date.accessioned2024-07-09T07:45:29Z
dc.date.available2024-06-22T17:44:10Zen
dc.date.available2024-07-09T07:45:29Z
dc.date.issued2009en
dc.date.updated2024-06-22T16:44:14Zen
dc.description.abstractThis article considers the degrees of relationship which prevent persons from marrying each other or which, under the Civil Partnership Bill 2009 (“the Bill”), would exclude them from registering a civil partnership together. The possibility of reform in respect of the prohibited degrees of relationship for marriage has long been discussed. The planned introduction of civil partnership has raised the issue again, with the Bill providing for a list of prohibited relationships which, in addition to the necessary adjustment in terms of the parties being of the same gender, differs from that applicable in the marriage context. The list in the Bill seems to reflect a policy of implementing, in the civil partnership context, the law reform proposals which have been made in respect of marriage. It is possible to speculate that the intention is that the rules on marriage will be modernised by future legislation, so that they will ultimately be equivalent mutatis mutandis. As will be discussed, however, the list in the Bill reflects some changes which were not actually proposed by the relevant law reform bodies. In addition, there are serious questions as to the credibility of at least one of the law reform proposals which has influenced the proposed list of prohibitions in respect of civil partnership. This article will discuss the question of devising a list of prohibited relationships for civil partnership and reforming the list for married couples. In addition, the article identifies a significant problem with the current terms of the Bill relating to prohibited degrees of relationship, as this issue impacts on the Bill’s provisions for the recognition in Ireland of foreign legal relationships analogous to civil partnership.
dc.description.statusPeer revieweden
dc.description.versionAccepted Version
dc.format.mimetypeapplication/pdfen
dc.identifier.citationMee, J. (2009) 'Marriage, civil partnership and the prohibited degrees of relationship', Irish Law Times, 27, pp. 259-264.
dc.identifier.endpage264
dc.identifier.issn1649-4164
dc.identifier.journaltitleIrish Law Times
dc.identifier.startpage259
dc.identifier.urihttps://hdl.handle.net/10468/16107
dc.identifier.volume27
dc.language.isoenen
dc.publisherRound Hall
dc.rights© 2009, Round Hall and the contributor.
dc.subjectProhibited relationships
dc.subjectMarriage
dc.subjectCivil partnership
dc.titleMarriage, civil partnership and the prohibited degrees of relationship
dc.typeArticle (peer-reviewed)
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