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Common-law marriage : myths and misunderstandings

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Probert, Rebecca. (2008) Common-law marriage : myths and misunderstandings. Child and Family Law Quarterly, Vol.20 (No.1). pp. 1-22. ISSN 1358-8184

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Abstract

This article investigates the source of the myth that prior to 1753 cohabiting couples would have been protected by a ‘common-law marriage’. It shows that neither the term nor the concept existed at the time and traces modern misunderstandings to the early nineteenth century. It goes on to suggest that the widespread but mistaken belief among modern cohabitants in the existence of ‘common-law marriage’ must also be of recent origin.

Item Type: Journal Article
Subjects: H Social Sciences > HQ The family. Marriage. Woman
K Law > KD England and Wales
Divisions: Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH): Common law marriage -- England, Common law marriage -- Wales, Domestic relations -- England, Domestic relations -- Wales, Unmarried couples -- Legal status, laws, etc. -- England, Unmarried couples -- Legal status, laws, etc. -- Wales
Journal or Publication Title: Child and Family Law Quarterly
Publisher: Jordan Publishing Ltd.
ISSN: 1358-8184
Date: 2008
Volume: Vol.20
Number: No.1
Page Range: pp. 1-22
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
Version or Related Resource: Probert, R. (2006). Common-law marriage : myths and misunderstandings. SLS Conference, Keele, 6 September 2006.
Related URLs:
URI: http://wrap.warwick.ac.uk/id/eprint/39327

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