This insightful Research Handbook provides a global perspective on key legal debates surrounding marriage and cohabitation. Bringing together an impressive array of established and emerging scholars, it adopts a comparative approach to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.

This insightful Research Handbook provides an international perspective on the key legal debates surrounding marriage and cohabitation. Drawing on the expertise of established and emerging scholars, a comparative approach is used to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation. Chapter authors explore the contested meanings and changing boundaries of marriage, the scope and role of alternative opt-in regimes, and the justification for conferring rights and responsibilities based on intimate relationships. Responding to the rising numbers of couples cohabiting without formalising their relationship, contributors examine how legal systems should respond to these changing patterns of relationships, and what it means to be a 'family' in different societies. Ultimately, they argue against imposing a particular view of what marriage should be, showcasing the importance of a diverse range of views and perspectives on the topic. The Research Handbook on Marriage, Cohabitation and the Law presents a comprehensive overview of the field, and will be an invaluable resource for students and scholars of family law, law and gender, and law and society. It will also be an essential guide for policy-makers and legal practitioners seeking insights into the processes of family formation across jurisdictions.

This open access book presents an innovative study of the rise of unmarried cohabitation in the Americas, from Canada to Argentina. Using an extensive sample of individual census data for nearly all countries on the continent, it offers a cross-national, comparative view of this recent demographic trend and its impact on the family. The book offers a tour of the historical legacies and regional heterogeneity in unmarried cohabitation, covering: Canada, the United States, Mexico, Central America, Colombia, the Andean region, Brazil, and the Southern Cone. It also explores the diverse meanings of cohabitation from a cross-national perspective and examines the theoretical implications of recent developments on family change in the Americas. The book uses data from the Integrated Public Use Microdata Series, International (IPUMS), a project dedicated to collecting and distributing census data from around the world. This large sample size enables an empirical testing of one of the currently most powerful explanatory frameworks for changes in family formation around the world, the theory of the Second Demographic Transition. With its unique geographical scope, this book will provide researchers with a new understanding into the spectacular rise in premarital cohabitation in the Americas, which has become one of the most salient trends in partnership formation in the region.

This work presents a thorough legal history of common law marriage, from its origins to current law and possible future developments in law. The author researches current law by analyzing American cases and discussing the legal requirements for the establishment of a common law marriage.

Those not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular.

This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.

The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.

In an era when half of marriages end in divorce, cohabitation has become more commonplace and those who do get married are doing so at an older age. So why do people marry when they do? And why do some couples choose to cohabit? A team of expert family sociologists examines these timely questions in Marriage and Cohabitation, the result of their research over the last decade on the issue of union formation. Situating their argument in the context of the Western world’s 500-year history of marriage, the authors reveal what factors encourage marriage and cohabitation in a contemporary society where the end of adolescence is no longer signaled by entry into the marital home. While some people still choose to marry young, others elect to cohabit with varying degrees of commitment or intentions of eventual marriage. The authors’ controversial findings suggest that family history, religious affiliation, values, projected education, lifetime earnings, and career aspirations all tip the scales in favor of either cohabitation or marriage. This book lends new insight into young adult relationship patterns and will be of interest to sociologists, historians, and demographers alike.

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

The late twentieth century has seen a fantastic expansion of personal, sexual, and domestic liberties in the United States. In Not Just Roommates, Elizabeth H. Pleck explores the rise of cohabitation, and the changing social norms that have allowed cohabitation to become the chosen lifestyle of more than fifteen million Americans. Despite this growing social acceptance, Pleck contends that when it comes to the law, cohabitors have been, and continue to be, treated as second-class citizens, subjected to discriminatory laws, limited privacy, a lack of political representation, and little hope for change. Because cohabitation is not a sexual identity, Pleck argues, cohabitors face the legal discrimination of a population with no group identity, no civil rights movement, no legal defense organizations, and, often, no consciousness of being discriminated against. Through in-depth research in written sources and interviews, Pleck shines a light on the emergence of cohabitation in American culture, its complex history, and its unpleasant realities in the present day.