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Cohabitation and the Law Baroness Deech DBE Gresham Professor of Law.

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Presentation on theme: "Cohabitation and the Law Baroness Deech DBE Gresham Professor of Law."— Presentation transcript:

1 Cohabitation and 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


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