The Legal Institution of Marriage

Paper Summary:

The paper discusses and compares the legal provisions governing the rights and obligations of both married and unmarried couples, heterosexual and homosexual. The paper concludes with a discussion on whether marriage should be considered redundant.

Outline:
Introduction
A Background to Marriage and Cohabitation
Legal Differences Between Marriage and Cohabitation - Then and Now
Provisions Applicable Equally to Both Married and Non-Married Couples
Provisions Advantageous to Married Couples
Provisions Advantageous to Non-Married Couples
Conclusion Is Marriage Redundant?

From the Paper:

"The advent of cohabitation has brought with it surprisingly little change in legal status. Contrary to a widely held common belief, merely living together doesn't create a "common law marriage" , and the disparity in legal rights accorded to those who are cohabiting as opposed to married causes unmarried couples to "face immense and distressing difficulties in securing legal recognition of their caring and enduring family lives ". They are unable to enjoy full rights to common property, be treated as the next of kin by state agencies, and cannot even register their partner's death or sign for their funeral. The law is even more guarded when dealing with gay or lesbian couples. In Fitzpatrick v Sterling HA , the court had to consider the question of whether the applicant, the deceased's gay partner, was eligible to succeed to the tenancy. The court held that he could be considered as a "member of the deceased tenant's family ". In the wake of this decision however, and that of Mendoza v Ghaidan , the stance of the law on this matter is changing."

Sample of Sources Used:

• Cretney, Masson and Bailey Harris, Principles of Family Law, 7th edition (2002).
• Rebecca Probert, Cretney's Family Law 5th edition (2003)
• Kate Standley, Family Law, Palgrave Law Masters, 2001.
• Brenda Hale, Unmarried Couples in Family Law, [2004] Fam Law 419
• R. Probert and A. Barlow, Displacing Marriage: Diversification and Harmonisation within Europe, (2000) CFLQ 153

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• Argumentative Essay # 57815 : "In Defense of Marriage"

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