New Delhi: Uttarakhand earlier this week became the first state in the country to accord legal recognition to live-in relationships, making it mandatory for couples in the state to register the union with authorities.
The proposal was part of the state’s draft Uniform Civil Code (UCC) Bill that was tabled in the Assembly Tuesday and passed a day later. According to the Bill, live-in couples must submit a statement of their relationship to the registrar. It imposes a fine as well as imprisonment of up to six months for such couples who fail to do so.
The registration requirement has been made mandatory for all live-in relationships in the state, regardless of whether one is a resident of Uttarakhand or not.
While the Bill awaits the President’s assent, ThePrint looks at laws relating to live-in relationships beyond India’s borders — though several countries provide an option for the registration of a live-in relationship, none of the countries looked at make the non-registration of such relationships a punishable offence.
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UK, Australia & US
In the United Kingdom, it is possible to be in a live-in relationship either through “living together” or through a “civil partnership”.
Couples have the additional option to enter into an official agreement (cohabitation contract), listing out rights, which will then be recognised by UK courts.
In a civil partnership, two people unrelated to each other can register their relationship, and they will be accorded rights similar to marriage and get the relationship legal recognition. Civil partnerships are available to both same-sex couples and opposite-sex couples.
Australia recognises “de facto” relationships — a relationship between two unmarried and unrelated people (including same-sex couples) who are living together on a genuine domestic basis.
However, there are no formal requirements to establish a partnership in Australia. Couples who live together for a minimum of two years are considered to be in a de facto relationship.
States in Australia also provide couples an option to register such relationships to claim marriage benefits such as maintenance and the division of assets. This registration is a “prima-facie” (at first look) evidence of a de facto relationship.
Same sex-couples are included within the definition of de facto relationships and the same rules as a heterosexual couple are applicable to such relations.
In the US, while there is no federal law regulating live-in relationships or cohabitation, there are multiple state laws governing the respective states.
In Washington, there is a formal partner status for domestic partners over the age of 62, provided that the parties share the same residence.
The state of Washington recognises “committed intimate relationships” and courts accept such a relationship to exist based on several factors, such as continuous cohabitation and length and exclusivity of the relationship.
Further, couples in such relationships can have the same financial claims as married couples when dividing shared property and debt, except that they cannot receive spousal support.
Similarly, in New York, it is possible to share a domestic partnership, and the relationship is permitted to be registered with the state.
However, the law offers limited rights and such relationships can be terminated easily, such as by declaration of termination through an affidavit to the local human resource office by either of the parties, or by marriage, and no court involvement is needed.
France, Canada, Japan & China
In France, couples have the option to decide whether to live in what is called a “cohabitation regime”. Cohabitation regime refers to a “stable and continuous relationship” of a couple, who are permitted to live together with limited duties.
France also provides an option for partners to enter into a “civil pact of solidarity” where individuals become legally bound to support each other, similar to a marital relationship.
However, neither the cohabitation regime nor the civil pact of solidarity model makes the registration of such relationships mandatory.
Countries like Canada, Japan and China do not formally recognise live-in relationships.
(Edited by Nida Fatima Siddiqui)
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