Cohabitation Flashcards
What are the 4 categories of cohabitant?
[Barlow and Smithson]
Ideologues – Couples living in committed long term relationships.But one or both have ideological objection to marriage
Romantics – see cohabitation as a step towards marriage.
Pragmatists – Decide to get married on rational grounds (legal/financial reasons)
Uneven Couples – 1 wants to marry, other doesn’t.
- one size fits all legislation not effective.
Who does not agree that cohabitation should have a legal regime like marriage?
Ruth Deech
• Individuals should be free to have informal relationships outside the regulatory influence of family law
• unconcerned about protection of adults, believes in self-sufficiency, autonomy of individual and granting of rights undermine this.
• would support enforceable contractual arrangement
Is a common law marriage real?
No. But everyone believes it is. [2017 poll]
What is the quick historical development of cohabitation?
[Gammans v Ekins] Refused to recognised childless cohabitant
[Hawes v Eveden] No children, was family.
If their partner dies, how can one inherit stuff?
Inheritance Provision for Families and Dependents Act 1985
• Enables them to apply for order to alter intestacy rules and awards them portion of
•Need to prove dependant of deceased (1975-1995) + living as husband and wife (2+ years) (1995>)
If your partner dies in a tortious accident, how do you get stuff?
Fatal Accidents Act amended by Administration of justice act 1982 (s1)
Smith v SS for Justice – declared no justification for s1 discrimination (however s1 still exists)
What are some key differences between divorce vs cohabitation in court powers in trust?
Matrimonial causes act 1973 s25 allows court to relocate property for divorcees.
[Burns v Burns] - cohab
Woman: money used for bills + furniture
Man: owned house
Result: Entire house value to man. (due to strict laws)
