Category Archives: Family Law
Ryznar, ‘Unwanted Cohabitation Agreements’
ABSTRACT Given the predominant role in American law of cohabitation agreements in protecting cohabitants, this Article presents an informal study that measured attitudes toward such agreements. The results confirm the literature findings that people generally are not inclined to want cohabitation agreements upon cohabitation. Further studies might explore the reasons for the unpopularity of cohabitation […]
Matsumura, ‘Beyond Polygamy’
ABSTRACT Approximately four percent of American adults – the same percentage of people who identify as lesbian, gay, bisexual, or transgender (‘LGBT’) – are currently in consensually non-monogamous relationships. Progressive municipalities have recently shown an interest in recognizing and extending legal rights to individuals in such relationships. In the past two years, the cities of […]
Garriga Suau and Whytock, ‘Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States’
ABSTRACT In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae – that is, the law of the State where the immovable is located. However, through a comparative […]
Shinde and Shinde, ‘A Comparative Study of The Law of Cohabitation In Scotland and India’
ABSTRACT This paper aims at analysing and comparing the laws for cohabitation or live-in relationship in two jurisdictions, Scotland and India. Since India does not recognize cohabitation, an effort is made to point out the areas where there is a need for a separate law to govern cohabitation. The paper is divided into chapters to […]
Brown and Wade, ‘The incoherent role of the child’s identity in the construction and allocation of legal parenthood’
ABSTRACT This paper explores the relationship between the concept of the ‘identity of the child’ and legal parenthood. It examines the role of identity in the determination of legal parenthood in three contexts: (a) parental orders after surrogacy arrangements; (b) disputed paternity cases; and (c) the statutory rules in cases involving gamete donation. This paper […]
Rebecca Probert, ‘Secular or Sacred? The Ambiguity of “Civil” Marriage in the Marriage Act 1836’
ABSTRACT The Marriage Act 1836 is usually described as introducing ‘civil marriage’ in England and Wales. Yet scholars are divided as to whether ‘civil’ only denotes a marriage in a register office or can also include those in registered places of worship. This reflects the fundamental ambiguity of the 1836 Act. This article will show […]
Sally Gold, Review of Rebecca Probert, Tying the Knot
Tying the Knot by Rebecca Probert, Cambridge, Cambridge University Press, 2021, xiv + 284 pp (including index), £85 (hardback), ISBN: 9781316518281. E-book available on Cambridge Core, ISBN: 9781009000109. Rebecca Probert’s study focuses upon the evolution of marriage law since the Marriage Act 1836, and it takes the subject up to the present day. She draws […]
Clare Huntington, ‘The Institutions of Family Law’
ABSTRACT Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional […]
Leon Vincent Chan, ‘Trends in the Division of Matrimonial Property Based on Contribution: An Empirical Case Study Based on the Structured Approach in Singapore’
ABSTRACT Different jurisdictions have adopted different approaches to the division of matrimonial properties. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to […]
Jessica Feinberg, ‘Parent Zero’
ABSTRACT When a child is born, the law makes a critical determination regarding who will be recognized as the child’s legal parent(s). This determination carries immense importance both for children and for individuals who are, or seek to be, identified as legal parents. Essential rights, protections, and obligations attach to a legally recognized parent-child relationship, […]