Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, November 27, 2009

Probert: "Cohabitation: Current Legal Solutions"

Rebecca Probert (University of Warwick - School of Law) has posted Cohabitation: Current Legal Solutions, 316 Current Legal Problems__(forthcoming), on SSRN.  Here is the abstract:

This paper considers the arguments that have been advanced to justify giving cohabitants the same rights as married couples, and suggests a number of reasons for caution: first, the fact that these are uncharted waters, given the relative novelty of cohabitation as a family form; secondly, the evidence that suggests that a ‘functional’ approach may actually justify rules privileging marriage; and, thirdly, the indications that the law may indeed play a role in individual decisions. It then goes on to review recent developments in the areas of contract, property and family law and to re-evaluate their potential to meet the needs of cohabiting couples, viewed in the light of the demographic background. It concludes by advocating incremental change combined with a more wide-ranging review of the legal treatment of marriage and cohabitation.


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The lawyer destroyed the black family. He is now coming after the white family.

Why? It competes with central government for authority. Central government is a wholly owned subsidiary of the criminal cult enterprise that is the lawyer profession.

Bastardy is associated with much higher rates of poverty (is the cause of poverty), criminality, criminal victimization, and all other known social pathologies.

This article is appalling and dangerous to our nation.

Posted by: Supremacy Claus | Nov 28, 2009 6:16:22 AM

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