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Family Cohabitation L11-13 - Coggle Diagram
Family
Cohabitation L11-13
History of Cohabitation
L11 Handout laid out nicely
Modern Cohabitation
Human rights protection
Articles 8 and 14
In re P
Denise Brewster
Sahin v Germany
Marckx v Belgium
Legal protection
Distinction between Married couples and Cohabitants
Ownership of personal property
Rowe v Prance
1992
The Up Yaws
2007
Property law principles/ Resulting trust
Maintenance Obligation
Windeler v Whitehall
Occupation of the Family Home
Triggers a right to occupation of the property: s.12(1) Trust of Land and Appointment of Trustees Act 1996
Unmarried
The non-owning cohabitant: Apply for Occupation order under s36 FLA
Max 12 months
Married
s.30 Family Law Act 1996:
Automatically 'entitled applicants'
Succession Law- Testate succession (will)
Married
Automatically entitled, exempt from paying inhertitance tax
Unmarried
No automatic entitlement, must pay inheritance tax
Burden v UK
Provision for children
Children Act 1989
Sch 1
Cohabitation Contracts
Balfour v Balfour
1919
These agreements are outside the realm of contract law
Fender v St John-Milday
1938
Law will not protect an immoral promise
Sutton v Mischon
Public Policy
okay to regulate property affairs not declaring sexual elements
Real Property
Burns v Burns
1984 Illustrates the vulnerability od cohabitants
Curran v Collins
'Ufair and operating harshly on women
Married
The Matrimonial Causes Act 1973
Reallocate property interests in the former matrimonial home.
Hanlon v The Law Society
1981
Unmarried
Cannot rely on the Matrimonial Causes Act 1973
Kernott v Jones
2010
Oxley v Hisock
Stack v Dowden
Heavily Criticised
Intention based entitlement
Express declarations of trust
Overt Financial focus
Relative ignorance of Non-Financial contributions
Retrospective entitlement:
Pettitt v Pettitt
Common Law Marriage Myth
Simply living together for a certain period of time- couples acquire property rights
Churchill v Roach
2004
myth is given particular erroneous elements
Clibbery v Allen
Why is legislation so difficult?
Undermining the institution of Marriage
Violating Couple Autonomy
Transposing the problem of Marriage Law onto another Class of Litigant
Against-
Baroness Deech
The case against the legal recognition of cohabitation
Classifying the Cohabitation Relationship
Mummery v Mummery
Balancing Coverage with Remedies
Mechanics of the Regime: Opt in/out
Eligibility Criteria
Failure to recognise and engage with statistics
Failure to recognise and engage with statistics
Law Reform Proposals