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Common Law MarriageA Legal Institution for Cohabitation$
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Göran Lind

Print publication date: 2008

Print ISBN-13: 9780195366815

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195366815.001.0001

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Common Law Marriage and Cohabitation Law

Common Law Marriage and Cohabitation Law

(p.781) CHAPTER 12 Common Law Marriage and Cohabitation Law
Common Law Marriage

Göran Lind

Oxford University Press

This chapter begins with a discussion of the demographic developments during the last thirty years. It considers the legal solutions for unmarried cohabiting couples that, in a number of countries, have grown out of property case law during the past thirty years. In this process, the boundary between the private law and family law spheres has tended to lose its clarity. The section concludes with suggestions about how to keep this boundary open, and, from a legal policy perspective, evaluate the development in the property law that has occurred. The chapter gives an overview of the modern legislation regarding cohabition development, focusing on the main features of cohabitation law and its relationship to common law marriage. It compares the legal systems in which the cohabitation itself constitutes grounds for rights and obligations and those that require registration.

Keywords:   informal marriage, cohabitating persons, children, Europe, Australia, New Zealand, US, Canada

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