Skip to main content Accessibility help
×
Hostname: page-component-68945f75b7-76l5x Total loading time: 0 Render date: 2024-08-05T22:49:55.078Z Has data issue: false hasContentIssue false

18 - Debates on Marriage and Cohabitation

from Family Law and Children’s Rights

Published online by Cambridge University Press:  05 May 2022

Rosemary Hunter
Affiliation:
University of Kent, Canterbury
Erika Rackley
Affiliation:
University of Kent, Canterbury
Get access

Summary

On 3 April 1979, BBC2 broadcast an episode of the TV current affairs and documentary series Man Alive focusing on the growing number of couples living together outside marriage. Its title – The Unholy Alliance – reflected the continuing uncertainty among commentators at the time as to whether cohabitation was a matter for concern. Its key focus, however, was the way in which the law was gradually starting to recognise couples who were living together. And explaining the legal status of cohabiting couples – with her characteristic force and lucidity – was a young Brenda Hoggett.

Asked if the increasingly popular term ‘common law marriage’ had any legal force, her trenchant answer was ‘No, you’re either married or you’re not married.’ She went on to clarify the legal differences between marriage and cohabitation – the fact that children enjoyed no automatic legal relationship with their father, the lack of mutual support obligations, the lack of entitlement to a widow’s pension – but explained that a woman might get a share in the house if the man had made promises to that effect. When the presenter, Nick Ross, ventured to suggest that the advantages lay with the woman, she firmly corrected him, noting that protection focused on dependency rather than gender.

Type
Chapter
Information
Justice for Everyone
The Jurisprudence and Legal Lives of Brenda Hale
, pp. 192 - 204
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×