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 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

(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

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

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

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

Burns v. Burns 1984 Lived together 19 years House in his name, she made little contribution Two children She is left with nothing

Children Act 1989 Sch I – Periodical payments by parent to other parent who is carer Lump sums Property transfer Lasts throughout education years