The legal framework
The Cohabitational Relationships Act allows a cohabitant to apply for property adjustment and maintenance after five years of living together, or after two years where there is a cohabitation agreement or a child. Applications must be made within two years of the end of the relationship.
Key points
| Status | Recognised by statute in some of these jurisdictions, not in others |
|---|---|
| Property | Claims generally rest on proving financial or non-financial contribution |
| Maintenance | Available only where a statute provides for it |
| Inheritance | A partner rarely inherits without a will, unless legislation says otherwise |
| Children | Their rights depend on parentage, not on the parents' marital status |
| Registration of customary marriage | Often the simplest way to convert a de facto union into recognised rights |
| Cohabitational Relationships Act | Five years, or less where there is a child or a cohabitation agreement |
| Two-year deadline | Applications must be made within two years of separation |
| Cohabitation agreement | Recognised by the Act and can shorten the qualifying period |
| Intestacy | A cohabitant has a claim only through family provision, not automatic inheritance |
In practice
- Keep documentary proof of every contribution to property — receipts, transfers, building materials.
- Register a customary marriage where that route is available; it is usually the cheapest protection.
- Make a will, and keep a copy with a trusted third party.
- Ensure children are registered and filiation acknowledged.
- Enter a cohabitation agreement: it is recognised by statute and removes most uncertainty.
- Apply within two years of separation — the limit is strictly applied.
Cost and coverage
Registration and wills are inexpensive; litigating a contribution claim is not.
Recent changes
The clearest regional trend is judicial recognition of non-financial contribution, alongside statutory protection for long cohabitation in parts of the Caribbean.
Where to go
- Civil registry for marriage registration.
- Legal aid schemes, law clinics and women's rights organisations.
- Local courts for maintenance and property claims.
Worth knowing
A surviving partner without a marriage certificate or a will is in the weakest position of anyone in these systems — often facing the deceased's family with nothing in writing. Fix that while both partners are alive. Trinidad and Tobago has one of the more developed cohabitation statutes in the region, but its two-year deadline defeats most claims that are brought late.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database