THE DUBLIN SOLICITORS BAR ASSOCIATION
CONTINUING PROFESSIONAL DEVELOPMENT SEMINAR

FAMILY LAW AND MINORS SEMINAR IN CONJUNCTION WITH CONVEYANCING AND PROBATE

A SEMINAR LAUNCHING THE DSBA PRECEDENT COHABITATION AGREEMENT

THE CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

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29 NOVEMBER 2011
A seminar will be hosted by the Family Law, Conveyancing and Probate Committees for the purpose of launching the DSBA precedent Cohabitation Agreement, as envisaged by s.202 of the 2010 Act. That section provides that Cohabitants may enter into a Cohabitants’ Agreement to provide for financial matters during the relationship or when the relationship ends. We have asked a number of experienced family lawyers, conveyancers & probate lawyers to address this topic, giving an overview of the DSBA precedent Cohabitation Agreement and the impact of the new legislation on property rights and succession rights. Consideration will be given to best practice for solicitors when advising clients on the advantages and disadvantages of entering into a Cohabitation Agreement.

Mary O’Toole SC has considered the DSBA precedent Cohabitation Agreement in detail and will examine the provisions of S.202 of the 2010 Act which provides that such agreements are valid in certain circumstances. She will also consider the precedent Agreement in the context of the general law of contract and will make recommendations regarding best practice when preparing and advising on cohabitation agreements. While there is no case law as yet, some consideration will also be given to likely applications to Court where cohabitation agreements are in place.

Jennifer O’Brien, Solicitor will examine the presumptive scheme contained in the new legislation. She will deal with the definition of “qualified cohabitants” which takes into consideration the duration of the relationship, the basis upon which a couple live together, the degree of financial dependence, any financial arrangements between them, whether there are dependent children etc. She will also look at the orders available on dissolution or breakdown of a cohabitant relationship. Jennifer will deal with practical aspects of entering into a cohabitation agreement.

Justin Spain, Solicitor will examine the conveyancing aspects of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 giving consideration to consequent amendments to family home declarations, deeds of waiver, etc.

Nora Larkin, Solicitor will examine the Probate aspects of the 2010 Act and the impact on succession rights.

The forum will be chaired by Deirdre McDermott, Solicitor. Participants at the seminar will each be given an opportunity to join in the discussion regarding the impact of the new legislation, other issues affecting the non-marital family and the position of children in the context of this new legislation.

SPEAKERS

Mary O’Toole SC joined the Bar in 1980, SC in 2000. Mary is a highly experienced family law barrister and has acted in many leading cases before the High & Supreme Court.

Jennifer O’Brien, Solicitor is a partner in Mason Hayes & Curran and head of Family Law Department. She is a specialist family lawyer with considerable experience in separation, divorce & non-marital matters.

Justin Spain, Solicitor studied law at Trinity and qualified as a Solicitor in 1994. He specialises primarily in the area of family law and also has extensive experience in estate planning, probate and residential conveyancing. He is Chair of the Dublin Solicitors Bar Association’s Family Law & Minors Committee

Nora Larkin, Solicitor is managing head of Mason Hayes & Curran's Private Client Department. Her practice includes trusts, administration of estates, capital taxes and personal taxation planning



Conference Information

Date: 29 November 2011
Time: 2.00 – 5.00 pm
Location: The Radisson Hotel, Golden Lane, Dublin 2
Fees: € 150.00 Member
€ 245.00 Non Member (inc. DSBA Membership for the remainder of 2011)
Registration: 1.30pm
2.00pm Opening Address
Presentations followed by questions and answers
Tea and Coffee served during the interval
5.00pm Conclusion
CPD: 3 hours Group Study