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Sun, Jul 25, 2010
New Straits Times
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Grave risks for cohabiting couples

LAWYER and youth educator Azah Yazmin Yusof believes couples who live together are putting themselves in grave financial, physical and emotional danger.

“If something goes wrong, either party may very well be left out in the cold. For instance, if one party dies, all property goes under the Distribution Act to his or her family, respectively. Simply put, if you have zero in the bank account, you live with that. It does not matter how much money you’ve invested into the property unofficially.

“Where do you go if you don’t have a roof over your head? What happens if you have no one to back you up? Can you crawl back to your parents? These are vital questions people should ask themselves.”

Besides financial concerns, couples also face serious physical risks.

“The Domestic Violence Act does not apply to couples who live together. The only course of action for an abused partner is to lodge a police report for assault. You can’t kick the abuser out of the house by filing a restraining order.”

Azah says the situation gets worse if there are children involved.

“The female partner has no right to ask for maintenance or child support from the father. In the United Kingdom, couples are protected under the common law if they cohabit for more than two years. Unlike Malaysians, they have the same rights as married couples, right down to child support.

“Couples should also bear in mind that the Guardianship of Infants Act 1960 does not apply to an illegitimate child.

“At the same time, the child can’t claim any property from the father; it’s a no-win situation for everyone.

“From an emotional point of view, the turmoil is very damaging. Imagine the turmoil the child faces in school, including low self-esteem and an unwillingness to succeed. We will be left with another dysfunctional child in society.”

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