Cohabitation from a legal perspective

Abstract

None provided. The following is taken from the author's Introduction:

Cohabitation is a new familial relationship that is becoming popular not only in Namibia but worldwide. In Namibia there is very limited legal intervention by statuues into cohabitation. Furthermore, parties involved in cohabitation have no certain legal mechanism within which to regulate their affairs, solve their problems or protect themselves... In the light of lack of legal intervention, a lot of research has to be conducted if there is a need to legally regulate these new type of relationships and how to regulate them. My research into this area may be a trigger to facilitate that task. The object of this research paper is set out below

The first objective is to establish if there is a need to legally regulate cohabitation.... To achieve this objective the author firstly conducted library research, to establish the present legal position on cohabitation. Qualitative interviews were conducted to ascertain the legal problems particular to cohabitants. To efficiently achieve the latter aim, the author further analyzed the problems experienced by cohabitants, through research interviews conducted under the auspice of GTZ

The second objective is related to the first one, in that statutues need to be formulated to regulate the problems experienced by cohabitants. A comparative study was embarked on to establish how other countries dealt with the problem. Different jurisdictions were analyzed to determine which approach would be more viable for Namibia's legal environment

To achieve the object of the research the author divided the research into five chapters.... The first chapter sets out the present legal position in Namibia in regard to cohabitants. References are made to the legal consequences of marriage to establish the benefits cohabitants do not enjoy, as well as the burdens they do not encounter. A comparison is therefore made between married and unmarried spouses. The existing legislation that affects cohabitants is also dealt with

Chapter Two is devoted to practical research conducted by the author to set out concisely the different problems encountered by cohabitatns. We live in a pluralistic society, therefore cohabitation under customary law is also dealt with under this chapter

It is alwasy vital to analyse the various arguments on a topic, when a theory is proposed. The third chapter therefore deals with the arguments for and against legally regulating cohabitation. Namibia's approach to cohabitation could be facilitated by observing how other jurisdictions tackle cohabitation. Chapter Four is thus concerned with the approaches that other jurisdictions have to cohabitation

Finally the author concludes the research paper by proposing the most viable approach that Namibia should follow, in Chapter Five