Unmarried Cohabitation and Childcare: A Right to Compensation after Relationship Breakdown?

DOI: https://doi.org/10.71372/QNIL2806

Keywords: unmarried cohabitation, legal protection, non-monetary contributions, childcare, unjust enrichment, innominate contract, partnership, comparative family law

Abstract: The article focuses on the legal protection of individuals in unmarried cohabitation who, during the course of the relationship, assumed the primary role in childcare and household management, thereby limiting their earning capacity. This role may lead to loss of economic self-sufficiency without any legal compensation. The author analyzes whether Czech law allows for the compensation of such non-monetary contributions through claims based on unjust enrichment, innominate contracts, or provisions on partnerships. The conclusion is that these legal instruments are not designed for settling relationships arising from intimate cohabitation and that their application is problematic, conceptually inconsistent, and burdened with evidentiary uncertainty. A comparative look at the legal frameworks in Ireland, Scotland, and England reveals potential models for reflecting the division of family roles and the economic consequences of cohabitation within a legal context. The article aims to contribute to the academic discussion on whether and how to legally address unmarried cohabitation, which remains specifically unregulated in the current Czech legal system.

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