Cohabitation Law Reform – Messages From Research

Barlow, Anne

doi:10.1007/s10691-006-9026-x

Cited by 7 publications

(3 citation statements)

References 17 publications

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“…This perception may be spurred by a "common law marriage myth," or the perception that people who live together for a period of time have the same rights as married couples. Nearly half of the population believe this myth, despite the fact that cohabitation is not recognized by law to the same degree as marriage, especially with respect to inheritance, or to separation (Barlow 2006). Nonetheless, the acceptance of new behaviors does not necessarily suggest that individuals prefer or adopt these behaviours for themselves.…”

Section: Changes In Family Formation and Attitudes In The Ukmentioning

confidence: 99%

Commitment and the changing sequence of cohabitation, childbearing, and marriage

Berrington¹,

Perelli‐Harris²,

Trevena³

2015

DemRes

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Section: Changes In Family Formation and Attitudes In The Ukmentioning

confidence: 99%

Commitment and the changing sequence of cohabitation, childbearing, and marriage

Berrington¹,

Perelli‐Harris²,

Trevena³

2015

DemRes

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“…As a result, there should be solutions available to meet the needs of these situations as they occur. 29 Of all aspects of law, property, especially as it pertains to housing and home, has the most constant and direct impact on individuals. In modern days, cohabiting couples tend to pool their resources together and purchase a family home, which is considered a place for family residence and as capital for business in England.…”

Section: Introductionmentioning

confidence: 99%

The Judicial Approach to Cohabitation: A Comparative Study of the Law of England and Wales and Kenya

Kodiyo¹

2021

ELTELJ

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The article is a comparative, doctrinal study of how two common law jurisdictions, Kenya and England and Wales have recognized cohabitation as a presumption of marriage and any right extended to the partners and property and wealth among cohabitants are dealt with in case the relationship ends. The rules of the countries studied have been addressed in terms of how they govern unmarried persons living as a couple in this type of structure. The similarities in the two legal systems in dealing with cohabitants' rights have been examined. Finally, the paper has suggested a mechanism that Kenya's courts should establish for dealing with property conflicts between cohabitants, which attempts to meet both the criteria of theory and pragmatism.

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“…Second, marriage’s declining popularity in favour of new informal unions has led, in many Western jurisdictions, to debates on how these partnerships should be treated from a legal perspective. Until today, this debate has focused solely on the legal treatment of non-marital cohabitation (Barlow, 2006; Barlow and James, 2004; Forder and Verbeke, 2005) and the legal situation of partners in an LAT union has been ignored. The aim of the current study is to address these shortcomings by exploring in depth how LAT individuals perceive their legal status and to examine their legal expectations and views on legal reform.…”

Section: Introductionmentioning

confidence: 99%

Living Apart Together (LAT) and Law

Lyssens-Danneboom

Eggermont

Mortelmans

2013

Social & Legal Studies

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This article focuses on individual perceptions of the legal protection afforded to living apart together (LAT) partners in Belgium. Drawing on semi-structured interviews with 54 individuals engaged in an LAT partnership, this study explores the meaning LAT individuals attach to their union and investigates the relationship between their understanding of their relationship, their legal expectations and views on legal reform. Our findings indicate that, in Belgium, LAT individuals do not expect marriage-like family law legal provisions within their union. On the other hand -given the nature of their relationship -LAT individuals believe they should be granted the same family-based benefits as those enjoyed by their cohabiting or married counterparts. A differential between LAT-individuals' legal expectations and views exists according to their socioeconomic status. Relationship expectations play a role as well, albeit indirectly, with transitional and undecided LAT individuals being somewhat more concerned about legal issues than individuals in permanent LAT arrangements.

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Cohabitation Law Reform – Messages From Research

Cited by 7 publications

References 17 publications

Commitment and the changing sequence of cohabitation, childbearing, and marriage

Commitment and the changing sequence of cohabitation, childbearing, and marriage

The Judicial Approach to Cohabitation: A Comparative Study of the Law of England and Wales and Kenya

Living Apart Together (LAT) and Law

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