Unmarried Partners in UK Law

Leading Cases
  • Stack v Dowden
    • House of Lords
    • 25 Apr 2007

    The law has indeed moved on in response to changing social and economic conditions. The search is to ascertain the parties' shared intentions, actual, inferred or imputed, with respect to the property in the light of their whole course of conduct in relation to it.

    These include: any advice or discussions at the time of the transfer which cast light upon their intentions then; the reasons why the home was acquired in their joint names; the reasons why (if it be the case) the survivor was authorised to give a receipt for the capital moneys; the purpose for which the home was acquired; the nature of the parties' relationship; whether they had children for whom they both had responsibility to provide a home; how the purchase was financed, both initially and subsequently; how the parties arranged their finances, whether separately or together or a bit of both; how they discharged the outgoings on the property and their other household expenses.

  • Dyson Holdings Ltd v Fox
    • Court of Appeal (Civil Division)
    • 17 Oct 1975

    Now, it is, I think, not putting it too high to say that between 1950 and 1975 there has been a complete revolution in society's attitude to unmarried partnerships of the kind under consideration. The ordinary man in 1975 would, in my opinion, certainly say that the parties of such a union, provided it had the appropriate degree of apparent permanence and stability, were members of a single family whether they had children or not.

  • Fleming v Fleming
    • Court of Appeal (Civil Division)
    • 17 Nov 2003

    Nor do I think that the decision of this court in Atkinson v Atkinson calls for re-visitation in the light of whatever social changes there may have been over the course of the last 15 years or so. The judgment of Mr Justice Waterhouse on the point of principle is broadly expressed. His conclusion that cohabitation is not to be equated with marriage remains as sound today as it was then.

  • Swift v Secretary of State for Justice
    • Court of Appeal (Civil Division)
    • 18 Mar 2013

    But the question is not whether the existing law is unfair and could be made fairer. The Strasbourg jurisprudence does not insist that a state pursues a legitimate aim in the fairest or most proportionate way. It requires no more than that it does so in a way which is proportionate. There may be a number of ways in which a legitimate aim can be pursued. Provided that the state has chosen one which is proportionate, Strasbourg demands no more.

    In my view, Parliament was entitled to decide that there had to be some way of proving the requisite degree of permanence and constancy in the relationship beyond the mere fact of living together as husband and wife. It was entitled to take the view that there cannot be a presumption in the case of short-term cohabitants, unlike that of married couples (section 1(3)(a)) or parents and their children (section 1(3)(e)) that the relationship is or is likely to be one of permanence and constancy.

  • R Catherine Harvey v London Borough of Haringey
    • Queen's Bench Division (Administrative Court)
    • 30 Oct 2018

    The Claimant is not in a relevantly comparative position as the comparator wife for the simple reason that Mr Roe did not pay for such a benefit to be afforded to her, because that was not part of the 1997 Scheme and so was not reflected in the contributions which Mr Roe paid. Someone who does not receive a benefit which has not been paid for in their case is not in a comparable position to someone who does receive the benefit which has been paid for in their case.

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Legislation
  • The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014
    • England & Wales
    • January 01, 2014
    ...... ", with the exception of an extended family member who is an unmarried partner (including a same sex partner),"; and(c) after paragraph (6), ... does not apply to extended family members who are unmarried partners (including same sex partners). Regulation 2(5)(c) adds a new regulation ......
  • Civil Partnership Act 2004
    • UK Non-devolved
    • January 01, 2004
    ......the opposite sex.’ SCH-24.42 .   . 42 In section 124 (income support), in subsection (1)(c), (f) and (g), for ‘married or unmarried couple’ substitute ‘couple’. SCH-24.43 .   . 43 In section 126 (trade disputes), in subsection (3)(b), (c) and (d), for ‘married or ......
  • The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021
    • Scotland
    • January 01, 2021
    ...... P are living together as if they were husband and wife or civil partners, . (b) (b) the member and P are not prevented from marrying or entering ... (the dates on which survivor pensions were introduced for unmarried partners). . The main changes in respect of survivor benefits are as ......
  • The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2019
    • Scotland
    • January 01, 2019
    ...... minimum) or 17 (minimum pension for surviving spouses and civil partners") of the 1993 Act 12 . . (5) In this regulation, “police pension scheme\xE2\x80"... provision for entitlement to an adult survivor’s award to unmarried partners, subject to the same conditions that apply in the 2006 scheme and ......
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Books & Journal Articles
  • Recognising New Kinds of Direct Sex Discrimination: Transsexualism, Sexual Orientation and Dress Codes
    • Nbr. 60-3, May 1997
    • The Modern Law Review
    ...... as to the jobs, physical sex characteristics, relationship partners and dress that are appropriate for a person of a given chromosomal sex. I ... the same chromosomal sex as the employee) that they grant to the unmarried opposite-sex partners of non-transsexual employees? The armed forces and ......
  • Comparative Family Law and the Political Process: Regulation of Sexual Morality in Finland
    • Nbr. 26-2, June 1999
    • Journal of Law and Society
    This article demonstrates a basis for comparative analysis of family laws. It illustrates the extent to which political constraints influence the development of legal policy and reception of foreig...
    ...... the form of a case study and examines Finnish law relating to unmarried parenthood, informal cohabitation, and same-sex partner- ships. ... marriage, unmarried heterosexual cohabitation and same-sex partnerships and considers the reception in Finnish family law of Swedish legal ......
  • ‘A Stranger to its Laws’: Sovereign Bodies, Global Sexualities, and Transnational Citizens
    • Nbr. 27-4, December 2000
    • Journal of Law and Society
    This article examines the importance of mobility in the historical and ongoing constitution of lesbian and gay subjectivities. While the state in the past frequently sought to restrict the movement...
    ...... legal discourse in the context of the recognition of same-sex partnerships which involve geographically complex facts, but which appear to repl icate ... an application will be considered: (i) the applicant is the unmarried partner of a person present and settled in the United Kingdom or who is on ......
  • Cohabitation and Comparative Method
    • Nbr. 72-1, January 2009
    • The Modern Law Review
    The paper intervenes in current policy debates on unmarried cohabitation and comparative law debates on methodology. It adopts a culturally alert, discursive methodology of comparison to study regu...
    ......, discursive methodo logy of comparison to study regulation of unmarried cohabitation under the common law and c ivil law as well as the e¡ect ... .Where legisla tion drasticallyalters the legal ob ligationsof partners towa rds one another , wrote the maj ority , ‘ choice m ust be para ......
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Law Firm Commentaries
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