Cohabitation Rights Flashcards
What is a family definition?
Two or more people related by blood, marriage or adoption AND living in the same residence (fields and casper 2001)
Who did the family definition exclude?
Cohabitants, same sex couples etc.
ONS 2012 statistics
decline in household size, increase in single person households etc.
What comes under changes in social and religious life
More tolerant as a society, not a christian society anymore
What comes under decline in marriage and ease of divorce
many people cohabit, easier to divorce now, not many people getting married
What comes under changes in attitudes towards same sex relationships?
Civil partnerships, same sex marriage, homosexuality no longer illegal
Has the law changed on how they define a family?
yes
how has the law changed on defining a family?
in 1950 gay couples wouldn’t be counted as a family or an unmarried couple living together
Gammans v ekons 1950 case facts
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.
Have cohabitation rights been extended more recently
Yes, more than in the past but still not to the extent of being married
When did it start to change that the courts recognised unmarried couples as families
1980s
Watson v Lucas 1980
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’
The law and gay couples
parliament should act to help gay couples take over tenancies
Mendoza v ghaidan 2004
could be treated as husband and wife, discrimination under human rights act
What are the three legislations under the three major developments
Gender recognition act 2004, civil partnership act 2004 and marriage(same sex couples) act 2013
What are the changes in family law trends over the years
children, role of mother and father, cohabitation and same sex relationships, the international family.
The conventions relating to family home
United nations convention on the rights of the child 1989 (only bound nationally), ECHR and Human Rights Act 1998
ECHR- family life information
convention case law must be taken into account, decorations of incompatibility, remedies etc.
Act for legal aid
Legal aid, sentencing and punishment of offenders act 2012
There are no legal aid in private family law unless which factors apply:
Domestic violence, forced marriage, child abuse, exceptional circumstances
Is the legal aid in public family law cases restricted?
yes
What years did the number of cohabitants rise between?
1996-2012
What is common law marriage?
think they have the same rights as married couples during a long relationship
What act stopped common law marriage?
Marriage act 1753
Is there anything in law that recognises cohabitation as marriage like status?
No many people thought living together for prolonged period would give them the same legal status
What case drew the distinction between different types of cohabitation?
Langdon v horton 1951
Is formalities required to establish cohabitation?
No
What case established the status of a family?
Chios property investment ltd v lopez
what is the definition of family (lopez case)
sufficient state of permanence and stability
Do cohabitants have rights in the home?
No turns to the law of trusts to imply the rights
What happens between cohabitants and children? (parental responsibility)
unmarried fathers have parental rights if named on the birth certificate
Is there need for reform in the law of cohabitation?
Up to much debate
What are the arguments for reform of cohabitation?
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
What are the arguments against reform of cohabitation?
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
Law commission proposal for cohabitation
Law commission report 2007
What did the law commission report state?
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
