Cohabitation : current legal solutions
Probert, Rebecca. (2009) Cohabitation : current legal solutions. Current Legal Problems, Vol.62 (No.1). pp. 316-345. ISSN 0070-1998Full text not available from this repository.
Official URL: http://dx.doi.org/10.1093/clp/62.1.316
This paper considers the arguments that have been advanced to justify giving cohabitants the same rights as married couples, and suggests a number of reasons for caution: first, the fact that these are uncharted waters, given the relative novelty of cohabitation as a family form; secondly, the evidence that suggests that a ‘functional’ approach may actually justify rules privileging marriage; and, thirdly, the indications that the law may indeed play a role in individual decisions. It then goes on to review recent developments in the areas of contract, property and family law and to re-evaluate their potential to meet the needs of cohabiting couples, viewed in the light of the demographic background. It concludes by advocating incremental change combined with a more wide-ranging review of the legal treatment of marriage and cohabitation.
|Item Type:||Journal Article|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Social Sciences > School of Law|
|Library of Congress Subject Headings (LCSH):||Unmarried couples -- Legal status, laws, etc., Domestic relations, Cohabitation agreements|
|Journal or Publication Title:||Current Legal Problems|
|Publisher:||Oxford University Press|
|Page Range:||pp. 316-345|
|Access rights to Published version:||Restricted or Subscription Access|
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