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17 May 2013
Issue: 7560 / Categories: Features , Family
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A lost cause

Is it time the two-year cohabitation requirement was removed from the Fatal Accidents Act? Jonathan Herring reports

The government has long been seeking to wage a war on the “common law marriage myth”, namely that couples who are living together unmarried are treated in law as if they were married. That, of course, is false.

There are a number of ways that married couples and unmarried couples are treated differently, most notably the availability of financial orders under the Matrimonial Causes Act 1973 on divorce. But, are these differences consistent with human rights law? Are unmarried couples who are treated differently from married ones discriminated against?

Definition of dependants
That issue came to the Court of Appeal in Swift v Secretary of State for Justice [2013] EWCA Civ 193. It concerned s 1(3)(b) Fatal Accidents Act 1976 (FAA 1976) which provides for damages to be awarded to a dependant of a person killed by a wrongful act, neglect or default. The case centred on the definition of a dependant in s 1 (3): “In this Act

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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