Skip to main content
Article thumbnail
Location of Repository

Cohabitation and the Law Commision's Project

By Simone Wong

Abstract

In 2004, the U.K. parliament passed the Civil Partnership Act which provides a scheme to enable same-sex couples to obtain formal recognition of their relationships through the registration of a civil partnership. When the Civil Partnership Bill was making its way through parliament, attempts were made in the House of Lords to derail the Bill through amendments seeking to extend the Bill to certain familial relationships of care and support. In order to counter these attempts and to facilitate the removal of the amendments, the government gave the assurance that the matter of the economically vunerable cohabitant would be referred back to the Law Commission for England and Wales for review. Consequently, in July 2005, the Law Commission commenced its project on cohabitation. This paper seeks to examine models of reform (such as the one proposed by the Law Society of England and Wales in its 2002 Cohabitation report) as well as those introduced in other Commonwealth countries. The aim is to identify some of the crucial questions that the Law Commission will need to give careful consideration to if they are ti naje recommendations that will provide a more radical approach to this area of the law, rather than adopt the more conservative approach of including cohabitation in 'piggy back' mode on the marriage model

Topics: K
Publisher: Springer Verlag
Year: 2006
OAI identifier: oai:kar.kent.ac.uk:1550

Suggested articles

Citations

  1. (2000). A Bride in Her Everyday Clothes: Same Sex Relationship Recognition in N.S.W.”,
  2. (2001). Andenæs doi
  3. (2002). Cohabitation: The Case for Clear Law (London:
  4. (1998). Constructive Trusts over the Family Home: Lessons to be doi
  5. (1998). Dividing the Assets on Family Breakdown doi
  6. (2001). Fairness and Justice for All? The House of Lords in White v.
  7. (1991). Living Together – The Legal Effects of the Sexual Division of Labour in
  8. (2003). Property Law v. Family Law: Resolving the Problems of Family Property”, doi
  9. (2003). Repository – http://kar.kent.ac.uk Published version available in
  10. (1993). Rethinking Family Property”,
  11. (1985). Sexual Divisions in Law (London: Weidenfeld & Nicolson,
  12. (1995). Sexuality and the Doctrine of Detrimental Reliance”, doi
  13. (2006). Shared Households: A New Paradigm for Thinking about the Reform of Domestic Property Relations”
  14. (2002). Sharing Homes: A Discussion Paper Law Com. doi
  15. (1992). The Family Home: Intention and Agreement”,
  16. (1998). The Human Rights Act doi
  17. (2006). The Shared Home: A Rational Solution Through Statutory Reform?” in Feminist Perspectives on
  18. (1996). The Things we do for Love: Detrimental Reliance in the Family Home”, doi
  19. (1999). When Trust(s) is Not Enough: An Argument for the use of Unjust Enrichment for Home-sharers”,

To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.