The Affidavit of Cohabitant is a crucial legal document in Irish law that serves to formally establish the existence and details of a cohabiting relationship. This document becomes necessary in various situations, such as applying for legal rights under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, dealing with property matters, making financial claims, or handling estate issues. The affidavit must include specific details about the relationship, including the duration of cohabitation, shared living arrangements, and financial interdependence. It requires formal swearing or affirmation before a qualified legal professional and may be used in court proceedings or other official matters where proof of cohabitation is required. The document plays a vital role in protecting the rights of cohabiting couples who may not have the same automatic legal protections as married couples or civil partners.
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1. Title and Heading: Formal title 'AFFIDAVIT OF COHABITANT' with the relevant court details if applicable
2. Deponent Details: Full legal name, address, and occupation of the person making the affidavit
3. Cohabitant Partner Details: Full legal name, address, and occupation of the cohabiting partner
4. Relationship Declaration: Statement of the nature of the relationship and confirmation that the parties are/were cohabiting
5. Duration of Cohabitation: Specific dates of when cohabitation began and ended (if applicable)
6. Living Arrangements: Details of shared residence(s) and living arrangements during the period of cohabitation
7. Financial Interdependence: Description of shared financial responsibilities and arrangements
8. Relationship Status: Declaration regarding marital status and confirmation of no legal impediments to the relationship
9. Verification Statement: Standard affirmation of truth of the contents
10. Jurat: Formal closing section with date, location, and commissioner for oaths details
1. Children of the Relationship: Details of any children from the relationship, if applicable
2. Property Ownership: Details of jointly owned property or shared tenancy arrangements, if applicable
3. Domestic Arrangements: Description of how household duties and responsibilities were shared, if relevant to proving cohabitation
4. Previous Relationships: Details of any previous marriages or civil partnerships if relevant
5. Purpose Statement: Specific purpose for which the affidavit is being made (e.g., court proceedings, estate matters)
6. Social Recognition: Details of how the relationship was recognized by family, friends, and society
7. Medical/Next of Kin: Details of medical decision-making rights or next of kin arrangements if established
1. Schedule A - Proof of Residence: Copies of utility bills, lease agreements, or other documents proving shared residence
2. Schedule B - Financial Documents: Evidence of joint accounts, shared bills, or financial interdependence
3. Schedule C - Supporting Declarations: Statements from witnesses confirming the cohabiting relationship
4. Schedule D - Photographic Evidence: Photos demonstrating the relationship and shared life, if required
5. Schedule E - Correspondence: Letters or documents showing both parties residing at the same address
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