New cohabitation rights Flashcards
Common law marriage
by simply living together could give couples the same rights as marriage
marriage act 1753 made no marriage valid unless with ceremony
Law changes on cohabitation
1950- gay couples weren’t counted as a family
1980- courts recognised unmarried couples as families
1996-2012 cohabitation numbers rose
Changes in society
more tolerant as a society
many people choose to cohabit
homosexuality is no longer illegal
ONS 2012 statistics
decline in household size, increase in single person households
Formalities for cohabitation
no formalities required to establish cohabitation, difficult to determine when it begins
no formalities required to end cohabitation, not always easy to determine when it ends
Key differences between marriage and cohabitation
no home rights
unmarried fathers don’t have automatic PR unless aimed on the birth certificate
no maintenance claims against former partner
no statutory regime for property redistribution
no automatic right to inheritance
arguments for reform
people do not base decision to marry on legal consequences
many believe in common law marriage and act to their detriment
law protects the stronger parties
arguments against reform
giving cohabitants rights would undermine marriage
all couples have option to marry
one party may deliberately chose not to marry to avoid financial implications
law commission proposals
law commission report july 2007
suggested new regime for cohabitants:
certain eligibility requirements, agreed not to disapply the scheme, made qualifying contributions
status of family (cohabitation)
chios property investment ltd v lopez:
a sufficient state of permanence and stability
