<i>‘This exciting, impressive array of contributions ranging over time and across jurisdictions can help us understand how the legal institution of marriage is evolving with increasing levels of cohabitation from marriage as a communal interdependent relationship (so important in caring for the vulnerable) into the union of two autonomous individuals!’</i>

- Mavis Maclean, University of Oxford, UK,

This insightful Research Handbook provides an international perspective on the key legal debates surrounding marriage and cohabitation. Drawing on the expertise of established and emerging scholars, a comparative approach is used to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.



Chapter authors explore the contested meanings and changing boundaries of marriage, the scope and role of alternative opt-in regimes, and the justification for conferring rights and responsibilities based on intimate relationships. Responding to the rising numbers of couples cohabiting without formalising their relationship, contributors examine how legal systems should respond to these changing patterns of relationships, and what it means to be a ‘family’ in different societies. Ultimately, they argue against imposing a particular view of what marriage should be, showcasing the importance of a diverse range of views and perspectives on the topic.



The Research Handbook on Marriage, Cohabitation and the Law presents a comprehensive overview of the field, and will be an invaluable resource for students and scholars of family law, law and gender, and law and society. It will also be an essential guide for policy-makers and legal practitioners seeking insights into the processes of family formation across jurisdictions.

Les mer
This insightful Research Handbook provides a global perspective on key legal debates surrounding marriage and cohabitation. Bringing together an impressive array of established and emerging scholars, it adopts a comparative approach to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.
Les mer
Contents: Introduction: Marriage and cohabitation – Global debates, challenges, and perspectives 1 Sharon Thompson and Rebecca Probert PART I WHY MARRY? THE MEANING OF MODERN MARRIAGE 1 What is the purpose of marriage in contemporary legal regulation? 8 Alan Brown 2 Separating marriage from the state 22 Daniel J. Hill 3 The feminist case against marriage 37 Rosemary Auchmuty PART II THE VARIED FORMS OF ENTRY INTO MARRIAGE 4 Marriage formation in Europe from the late middle ages until the late eighteenth century 57 Saskia Lettmaier 5 Universal civil marriage: A blueprint for the future or an idea whose time has passed? 72 Rebecca Probert 6 The fractured landscape of South African marriage and family law: Future directions 86 Elsje Bonthuys 7 Marriage, the law and pluralism in Ghana 101 Augustina Akoto PART III THE CHANGING BOUNDARIES OF MARRIAGE 8 The (non)recognition of same-sex marriage in South Africa, Nigeria and Uganda 117 Zanele Nyoni-Wood 9 Polygamy in English marriage law – critical postcolonial perspectives 132 Zainab Batul Naqvi 10 Prohibiting polygamy, yet permitting plurality? 147 Ellen Forsyth, Caroline Mirza and Rebecca Probert 11 Child marriage: The denial of autonomy by conferring the status of marriage on a child 168 Arthur van Coller 12 Exploring arranged marriage: Breaking biased frames and uncovering a much misunderstood marital institution 184 Naema Tahir 13 Comparative consanguinity law: A global study of cousin marriage regulations 201 Patrick S. Nash PART IV FORMAL ALTERNATIVES TO MARRIAGE 14 Why registered partnerships? A comparative overview 215 Jens M. Scherpe 15 Mixed-sex civil partnerships: A blank canvas or painting by numbers? 226 Andy Hayward 16 Twenty years of PACS: The specificities of the French civil union 244 Wilfried Rault 17 Un-coupling family law revisited: Non-conjugal adult unions in family law 262 Frederik Swennen PART V COHABITATION AND THE LEGAL REGULATION OF UNFORMALISED RELATIONSHIPS 18 Demographic perspectives on cohabitation 282 Brienna Perelli-Harris and Bernice Kuang 19 Regulation of cohabitation in the Nordic countries 299 Tone Sverdrup 20 Cohabitation law reform in England and Wales: The case for reform and challenges of definition 307 Kathy Griffiths 21 Is cohabitation an obligation-free zone? 322 Gillian Douglas 22 Cohabitation contracts and gender equality 337 Sharon Thompson PART VI THE CONSEQUENCES OF MARRIAGE AND COHABITATION 23 Consummating in court 355 Alexander Maine 24 Complex relationships: Marriage and relationship status, procreation and criminal law 369 Cameron Giles 25 Unhappy families and lying wives: Myths and stereotypes about intimate partner violence 385 Jennifer Koshan 26 Prenuptial agreements in comparative perspective 399 Sharon Thompson 27 The meaning of marriage and approaches to the division of assets in Sweden, the Netherlands and England and Wales 415 Anna Heenan 28 Relational vulnerability: A theory of family, unpaid work, and the state 429 Ellen Gordon-Bouvier
Les mer

Produktdetaljer

ISBN
9781802202649
Publisert
2024-05-24
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
494

Biografisk notat

Edited by Rebecca Probert, Professor of Law, Law School, University of Exeter and Sharon Thompson, Reader in Law, School of Law and Politics, Cardiff University, UK