Cohabitation Rights

Question 1

What is a family definition?

Answer 1

Two or more people related by blood, marriage or adoption AND living in the same residence (fields and casper 2001)

Question 2

Who did the family definition exclude?

Answer 2

Cohabitants, same sex couples etc.

Question 3

ONS 2012 statistics

Answer 3

decline in household size, increase in single person households etc.

Question 4

What comes under changes in social and religious life

Answer 4

More tolerant as a society, not a christian society anymore

Question 5

What comes under decline in marriage and ease of divorce

Answer 5

many people cohabit, easier to divorce now, not many people getting married

Question 6

What comes under changes in attitudes towards same sex relationships?

Answer 6

Civil partnerships, same sex marriage, homosexuality no longer illegal

Question 7

Has the law changed on how they define a family?

Answer 7

yes

Question 8

how has the law changed on defining a family?

Answer 8

in 1950 gay couples wouldn’t be counted as a family or an unmarried couple living together

Question 9

Gammans v ekons 1950 case facts

Answer 9

couple lived together as husband and wife for number of years. she was tenant of the property. she died and he wanted to stay in the house. questioned if it was a platonic relationship.

Question 10

Have cohabitation rights been extended more recently

Answer 10

Yes, more than in the past but still not to the extent of being married

Question 11

When did it start to change that the courts recognised unmarried couples as families

Answer 11

1980s

Question 12

Watson v Lucas 1980

Answer 12

lived together number of years, left former wife but remained married to her. court said she was a member of his family and could succeed tenancy due to the ‘lasting relationship’

Question 13

The law and gay couples

Answer 13

parliament should act to help gay couples take over tenancies

Question 14

Mendoza v ghaidan 2004

Answer 14

could be treated as husband and wife, discrimination under human rights act

Question 15

What are the three legislations under the three major developments

Answer 15

Gender recognition act 2004, civil partnership act 2004 and marriage(same sex couples) act 2013

Question 16

What are the changes in family law trends over the years

Answer 16

children, role of mother and father, cohabitation and same sex relationships, the international family.

Question 17

The conventions relating to family home

Answer 17

United nations convention on the rights of the child 1989 (only bound nationally), ECHR and Human Rights Act 1998

Question 18

ECHR- family life information

Answer 18

convention case law must be taken into account, decorations of incompatibility, remedies etc.

Question 19

Act for legal aid

Answer 19

Legal aid, sentencing and punishment of offenders act 2012

Question 20

There are no legal aid in private family law unless which factors apply:

Answer 20

Domestic violence, forced marriage, child abuse, exceptional circumstances

Question 21

Is the legal aid in public family law cases restricted?

Answer 21

yes

Question 22

What years did the number of cohabitants rise between?

Answer 22

1996-2012

Question 23

What is common law marriage?

Answer 23

think they have the same rights as married couples during a long relationship

Question 24

What act stopped common law marriage?

Answer 24

Marriage act 1753

Question 25

Is there anything in law that recognises cohabitation as marriage like status?

Answer 25

No many people thought living together for prolonged period would give them the same legal status

Question 26

What case drew the distinction between different types of cohabitation?

Answer 26

Langdon v horton 1951

Question 27

Is formalities required to establish cohabitation?

Answer 27

No

Question 28

What case established the status of a family?

Answer 28

Chios property investment ltd v lopez

Question 29

what is the definition of family (lopez case)

Answer 29

sufficient state of permanence and stability

Question 30

Do cohabitants have rights in the home?

Answer 30

No turns to the law of trusts to imply the rights

Question 31

What happens between cohabitants and children? (parental responsibility)

Answer 31

unmarried fathers have parental rights if named on the birth certificate

Question 32

Is there need for reform in the law of cohabitation?

Answer 32

Up to much debate

Question 33

What are the arguments for reform of cohabitation?

Answer 33

people don’t base decision to marry on the legal consequences, many believe common law marriage myth and act to their detriment through the relationship. law protects the stronger party

Question 34

What are the arguments against reform of cohabitation?

Answer 34

giving rights to cohabitees would undermine marriage, couples have the option to marry or enter in civil partnerships, may deliberately choose not to marry to avoid the financial implications of marriage

Question 35

Law commission proposal for cohabitation

Answer 35

Law commission report 2007

Question 36

What did the law commission report state?

Answer 36

new regime for cohabitants who separate, remedies available where certain eligibility requirements are satisfied, couple not agreed to disapply the scheme and applicant made qualifying contributions to the relationship