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Cohabitation Law: Rights, Statistics, and Human Rights

Explore the legal aspects of cohabitation, including property rights, agreements, and statistics on cohabiting couples and children. Learn about landmark cases and relevant laws in Australia, New Zealand, California, and the UK. Understand the implications of human rights laws on cohabitation. Gain insights into financial measures and children's rights in cohabiting relationships.

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Cohabitation Law: Rights, Statistics, and Human Rights

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  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 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 Australia and New Zealand

  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

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