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14 March 2014 / Claire Clarke
Issue: 7598 / Categories: Features , Family
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The lives we live

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Marriage-lite or a new set of rights? Claire Clarke examines the legal options open for cohabitants

The way we were: once upon a time, there was respectable marriage which conferred financial dependence and security on the woman. Outside a world of defiance of convention and no rights except minimal support for the child.

 

The way we are: cohabitation has lost stigma and become a parallel life choice. As many as 40% of all couples now cohabit and one in four children is born outside marriage. Notwithstanding this, English law does not recognise a coherent legal system of relations and obligations called cohabitation. The notion of a “common law marriage” remains a lingering myth which is serving to leave a significant number of people vulnerable and surprised that the law does not offer them similar protection to their married counterparts.

A recent survey of MPs has revealed that 69% of parliamentarians agree that there is a mistaken belief in the existence of “common law marriage” among their constituents and that 57% of MPs

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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