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Cohabitation and the Law

Cohabitation and the Law. Baroness Deech DBE Gresham Professor of Law. Stack v. Dowden. Jointly registered home 65% for her, 35% for him They kept separate finances His share eaten up by legal costs. Australia Family Law Amendment (de facto Financial & Other Measures) Act 2008

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Cohabitation and the Law

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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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