Cohabitation and the Law

1
Cohabitationand the Law

• Baroness Deech DBE
• Gresham Professor of Law

2
Stack v. Dowden

• Jointly registered home
• 65 for her, 35 for him
• They kept separate finances
• His share eaten up by legal costs

3
Australia and New Zealand

• Australia
• Family Law Amendment (de facto Financial Other
  Measures) Act 2008
• Marital rights if cohabited 2 years or have child
• Agreements upheld and registration of union
  possible

• New Zealand
• Property (Relationships) Act 1976
• Relationship property shared equally after 3
  years cohabitation
• Contracting out possible

4
(Lee) Marvin v. Marvin

• California 1976
• Lived together 6 years she claimed palimony
• Court held that a contract between them would be
  enforceable
• There was none so no rehabilitation payments

5
Statistics

• 14 all couples cohabitants 2,000,000
• 13 of all children with them - 1,250,000
  children
• 75 cohabitants under 35 hope to marry
• Half cohabitations have one party under 35
• Median duration two years
• 5 last longer than 10 years

6
More Statistics

• 65 cohabiting unions with children end
• Half split before the child is 5
• 35 children will be with both cohabiting parents
  up to age 16
• 70 children of married parents still with them
  at age 16
• More cohabitants without children stay together

7
Human Rights

• Article 8 ECHR-
• Everyone has the right to respect for his private
  and family life, his home and his correspondence
• Subject to the protection of the rights and
  freedoms of others

8
Burns v. Burns 1984

• Lived together 19 years
• House in his name, she made little contribution
• Two children
• She is left with nothing

9
Children Act 1989

• Sch I
• Periodical payments by parent to other parent who
  is carer
• Lump sums
• Property transfer
• Lasts throughout education years