Cohabitation and Religious Marriage Status, Similarities and Solutions : Status, Similarities and Solutions
Cohabiting couples and those entering religious-only marriages often end up with inadequate legal protection when the relationship ends. Based on wide-ranging empirical studies, this book explores the complexities of the law, the different ways in which individuals navigate the gaps in the existing legal framework and solutions for reform
eBook, English, 2020
Bristol University Press, Bristol, UNITED KINGDOM, 2020
1 online resource (190190) : ill.
9781529210842, 9781529210859, 1529210844, 1529210852
1204447899
Print version:
Front Cover
Cohabitation and Religious Marriage: Status, Similarities and Solutions
Copyright information
Table of contents
Table of Cases
Table of Legislation
Notes on Contributors
Acknowledgments
one Introduction
Cohabitation and religious marriage: status
Cohabitation and religious marriage: similarities
Cohabitation and religious marriage: solutions
Conclusion
two Determining the Boundaries Between Valid, Void and 'Non-Qualifying' Marriages: Past, Present and Future?
Introduction
The evolution of the law
The consequences of a void marriage The necessity of a concept of 'non-qualifying' ceremony
The options for reform
What should be the minimum needed for any form of legal recognition?
Conclusion
three 'Cohabitants' in the Law of England and Wales: a Brief Introduction
Introduction
The place of cohabitation in families in the UK today
Finding the law related to cohabitants: which couples?
What do cohabitants get where they are legally recognized?
The law relating to children
The criminal law
Tax and benefits law
Property and finances when one partner dies Property and finances if the couple separates
Conclusion
four Modern Marriage Myths: the Dichotomy Between Expectations of Legal Rationality and Lived Law
Introduction
The common law marriage myth problem and 'lived law'
Muslim marriage myths: another 'lived law' problem?
How should the law respond?
Using the typology
Conclusion
five The Case for Moving Away from 'Non-Marriage' Declarations
Introduction
Background
Nikah marriage validity: case law guidance
Cases avoiding non-qualifying ceremony Solutions to the Islamic marriage conundrum: understanding the context
In the absence of case law to assist, what are the potential solutions?
Location of marriage ceremonies
Conclusion
six Religious-Only Marriages and Cohabitation: Deciphering Differences
Introduction
Independent review recommendations
Why religious-only?
Criminalizing imams?
Deciphering differences
'Knowingly and willingly'
Conclusion
seven From Regulating Marriage Ceremonies to Recognizing Marriage Ceremonies
Introduction
The 'Muslim problem' Framing this topic and the complex issues to navigate
Identifying the state's interest and objectives
A proposal for reform: a registered marriage in the true sense
Practicalities
Notice requirements and the role of an authorized person/registrar
Challenges to address
Unregistered marriages
Time period for registration
A religious divorce taking place prior to the registration of a marriage
Conclusion
eight Nikah Ceremonies in the UK: a Tool for Empowerment?
Introduction
Polygynous marriages in English law