Book contents
- Justice for Everyone
- Justice for Everyone
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Treaties and Conventions
- Brenda Hale Bibliography
- Part I Introduction
- Part II Personal Reflections
- Part III Academic
- Part IV Law Commissioner
- Part V Judge
- Judicial Leadership
- Family Law and Children’s Rights
- 17 Leading the Way
- 18 Debates on Marriage and Cohabitation
- 19 Lady Hale and Financial Remedies on Divorce
- 20 Women and Domestic Abuse
- 21 Public Child Law
- 22 ‘Hang On, What About the Child in This Case?’
- Human Rights and the State
- Private Law and the Individual
- Part VI Creative Encounters
- Index
18 - Debates on Marriage and Cohabitation
from Family Law and Children’s Rights
Published online by Cambridge University Press: 05 May 2022
- Justice for Everyone
- Justice for Everyone
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Treaties and Conventions
- Brenda Hale Bibliography
- Part I Introduction
- Part II Personal Reflections
- Part III Academic
- Part IV Law Commissioner
- Part V Judge
- Judicial Leadership
- Family Law and Children’s Rights
- 17 Leading the Way
- 18 Debates on Marriage and Cohabitation
- 19 Lady Hale and Financial Remedies on Divorce
- 20 Women and Domestic Abuse
- 21 Public Child Law
- 22 ‘Hang On, What About the Child in This Case?’
- Human Rights and the State
- Private Law and the Individual
- Part VI Creative Encounters
- Index
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.
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- Information
- Justice for EveryoneThe Jurisprudence and Legal Lives of Brenda Hale, pp. 192 - 204Publisher: Cambridge University PressPrint publication year: 2022