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 (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.

  • An application by Siobhan McLaughlin for Judicial Review (Northern Ireland)
    • Supreme Court
    • 30 Ago 2018

    In my view, the answer to that question is manifestly “no”, at least on the facts of this case. The allowance exists because of the responsibilities of the deceased and the survivor towards their children. Those responsibilities are the same whether or not they are married to or in a civil partnership with one another. The purpose of the allowance is to diminish the financial loss caused to families with children by the death of a parent.

  • 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.

  • 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
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Books & Journal Articles
  • We are Family? Same-Sex Partners and EU Migration Law
    • Núm. 9-4, Diciembre 2002
    • Maastricht Journal of European and Comparative Law
    ...... applications for asylum 6 defines ‘family member’ as not other than ‘the spouse of the applicant for asylum or his or her unmarried child who is a m inor of under eighteen years, or his or her father or mother where the applicant for asylum is himself or herself an unmarried ......
  • Free Movement of Same-Sex Partners
    • Núm. 3-3, Septiembre 1996
    • Maastricht Journal of European and Comparative Law
    ...... 'married' (in national immigration rules 'married' partners can normally qualify for a residence permit far more easily than unmarried partners); 6 b. 'cohabitee' (living together can, for example according to paragraph 81/3.2 of the Dutch immigration rules, be a ground ......
  • Recognising New Kinds of Direct Sex Discrimination: Transsexualism, Sexual Orientation and Dress Codes
    • Núm. 60-3, Mayo 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 ......
  • Conspiracy: Marital Exemption and Polygamy
    • Núm. 80-4, Agosto 2016
    • Journal of Criminal Law, The
    ......80 Police and Criminal Evidence Act 1984, Civil Partnership Act 2004 Dr Yilkyes Bala, a Nigerian, married Mrs Rosemary Bala in 1985 in ... is beyond credible to suggest that Parliament considered whether unmarried partners should be included in the provisions at s. 2(2) Criminal Law Act ......
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Law Firm Commentaries
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