Unmarried Partners in UK Law

Leading Cases
  • Stack v Dowden
    • House of Lords
    • 25 Abr 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
    • 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
    • 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
    • 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.

  • 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.

  • Jacqueline Smith (Suing in her own Right and as the Surviving Partner of John Bulloch, Deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and Others
    • Court of Appeal
    • 28 Nov 2017

    The claim is capable of falling within Article 14 even though there has been no infringement of Article 8. It is not necessary that the measure has any adverse impact on the complainant in a positive modality case other than the fact that the complainant is not entitled to the benefit of the positive measure in question.

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Books & Journal Articles
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Law Firm Commentaries
  • Unmarried long-term partners should be better protected by the law (UK)
    • LexBlog United Kingdom
    • Norton Rose Fulbright
    • 24 de Enero de 2018
    In February 2017, the UK Court of Appeal found that a woman who lost her long-term partner deserves the same pay-out benefits given to those partners who were married or in a civil partnership. Cur...
  • Sexual Orientation And Pensions
    • Mondaq United Kingdom
    • 4 de Mayo de 2004
    ......Where a plan currently pays benefits to opposite sex unmarried partners, but not same sex unmarried partners, this is likely to be direct ......
  • Haven't Made A Will? Changes To Who Inherits Your Estate
    • Mondaq UK
    • 6 de Febrero de 2020
    ...... for children, and there are many other people (particularly unmarried partners) who will still not inherit anything at all under the intestacy ......
  • The Year in Estate Planning — 2020 Popular Reads on JD Supra
    • JD Supra United Kingdom
    • Beacon Insights by JD Supra
    • 21 de Diciembre de 2020
    A year-end recap of well-read estate planning publications on JD Supra during 2020.
    ...... Marvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with ......
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