Marriage is not the only way that couples can live together. The term for living together without marriage or civil partnership is cohabiting. The numbers for people cohabiting rather than living in marriage or civil partnership is increasing. The acceptance of cohabitation across all age groups has risen also. Irrespective of the nature and duration of the cohabitation, there exist in the law a vast difference between the position of cohabitants and those of married couples when a relationship breaks down and in terms of law and legal rights. This chapter looks at what the differences are and what remedies are available to cohabiting partners who suffer a relationship breakdown. Unfortunately, the government appears to have no plans to reform this area of law.
12
Chapter
Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find that they have few legal remedies, and that available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then goes on to discuss the law on cohabitation contracts, as well as case-law relating to this. The Law Commission Proposals and future developments on cohabitation are then discussed.
Chapter
This chapter explores the historical development and modern statutory framework applicable to adult formalised and non-formalised relationships. It attempts to instil a thorough understanding of the key principles applicable to the formation and subsequent regulation of these relationships. Owing to the rapid change in family forms and the growing legal recognition of same-sex relationships, the statutory framework has evolved. The chapter assess how far these frameworks have successfully accommodated modern family forms and whether further reform is required. Topics discussed include the evolution of marriage; the formal recognition of same-sex relationships; legal consequences and formalities for entry into marriage; the legal consequences of nullity; civil partnerships; and cohabitation.
Chapter
This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets—including the family home—can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play.
Chapter
Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.
Chapter
This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets-including the family home-can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play. It also looks at the current state of the law. Most of the cases taken up in this chapter involve cohabiting (rather than married) couples and the family home.
Chapter
This chapter explores the historical development and modern statutory framework applicable to adult formalised and non-formalised relationships. It attempts to instil a thorough understanding of the key principles applicable to the formation and subsequent regulation of these relationships. Owing to the rapid change in family forms and the growing legal recognition of same-sex relationships, the statutory framework has evolved. The chapter assesses how far these frameworks have successfully accommodated modern family forms and whether further reform is required. Topics discussed include the evolution of marriage; the formal recognition of same-sex relationships; legal consequences and formalities for entry into marriage; the legal consequences of nullity; civil partnerships; and cohabitation.
Book
Edited by Ruth Lamont
Family Law offers a contextual and critical examination of the subject, discussing areas of debate and controversy. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, public law child protection, adoption; and human rights and children’s rights in the family. Finally, it considers international family law and family law in practice.
Book
Edited by Ruth Lamont
Family Law offers a contextual and critical examination of the subject. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, the medical treatment of children, public law protection, adoption; and human rights, children's rights, and the family. Finally, it considers international family law and family law in practice.
Chapter
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers demographic data on family relationships in England and Wales, and then examines the treatment of ‘trans’ people in this area of family law; and the history of legal recognition of intimate relationships between parties of the same gender, culminating in same-sex marriage and ensuing debates about the future of civil partnership. This is then followed by discussions of status-based relationships (marriage and civil partnership); creating a valid marriage or civil partnership; grounds on which a marriage or civil partnership is void; grounds on which a marriage or civil partnership is voidable; and non-formalized relationships (cohabitants and other ‘family’).
Chapter
This chapter discusses the grounds for divorce under the Matrimonial Causes Act 1973. These include adultery, unreasonable behaviour, desertion, two years’ separation plus consent, and five years’ separation. It also outlines the first year bar on divorce and the ground for divorce being that the marriage has broken down irretrievably. The chapter explores each of the five possible facts that prove the ground for divorce and explains the relevance of continued cohabitation between the parties in relation to unreasonable behaviour and adultery. It also discusses continuous separation. Some discussion of the proposals for no-fault divorce is also included in this chapter.
Chapter
This chapter addresses the termination of adult relationships, in particular divorce, but also the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, criticisms of the current law and recent reform initiatives. It then considers other decrees under MCA 1973, dissolution of a civil partnership, and termination of unmarried relationships.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stack v Dowden [2007] UKHL 17, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jones v Kernott [2011] UKSC 53, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stack v Dowden [2007] UKHL 17, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on family property, both real and personal, the difference between legal and beneficial ownership of real property, and ownership of personal property in bank accounts. The rights arising from cohabitation are also discussed and compared to rights arising from marriage. The first question is a problem question concerning an unmarried couple who have separated, whilst the second is an essay question on property registered in joint names.
Book
Ruth Gaffney-Rhys
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable. and non-existent marriages; divorce and judicial separation; domestic violence; family property; financial relief and child support; parenthood and parental responsibility; children's rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.
Book
Joanna Miles, Rob George, and Sonia Harris-Short
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law, in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: civil partnership after R (Steinfeld and Keidan) (2018); divorce law following Owens v Owens (2018) and the government’s consultation on reform; domestic abuse, including consultation ahead of the draft Domestic Abuse Bill and forced marriage; rights under the ECHR and UNCRC in children proceedings; surrogacy following Re Z (A Child) (No 2) (2016); child arrangements orders; specific issue and prohibited steps orders, including relocation law; local authority voluntary accommodation following Williams v London Borough of Hackney (2018). There is a new chapter dedicated to property and financial issues after the breakdown of relationships other than marriage and civil partnership. The introductory chapter, supported by materials on the Online Resources, considers some of the contemporary challenges faced by the family justice system.
Book
Ruth Gaffney-Rhys
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable and non-marriage; divorce and judicial separation; domestic abuse; family property; financial remedies and child support; parenthood and parental responsibility; children’s rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.
Book
Susan Heenan and Anna Heenan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Family Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: families, civil partnerships, and cohabitation; nullity; divorce, dissolution, and judicial separation; domestic abuse; financial provision on divorce or dissolution; Children—private law; Children—public law; adoption; and child abduction. This, the fifth edition, has been fully updated in light of recent developments in the law, including the extension of civil partnerships to heterosexual couples, the Law Commission reviews of the law of surrogacy and marriage and proposals to reform the law of divorce and domestic abuse.
12
