Probert, Rebecca. (2009) Cohabitation : current legal solutions. Current Legal Problems, Vol.62 (No.1). pp. 316-345. ISSN 0070-1998

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Abstract

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 > 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
ISSN:	0070-1998
Date:	2009
Volume:	Vol.62
Number:	No.1
Page Range:	pp. 316-345
Identification Number:	10.1093/clp/62.1.316
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
Related URLs:	Other Repository
URI:	http://wrap.warwick.ac.uk/id/eprint/39227

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