Nobody downloaded yet

LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS - Essay Example

Comments (0) Cite this document
Summary
The essay " Legislation Is Introduced To Protect Unmarried Cohabitants" focuses on the fundamental human rights, it is recognized that marriage and family are the basic social institutions. Besides, the State cannot impose its will on individuals for them to marry…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS
Read TextPreview

Extract of sample "LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS"

Download file to see previous pages Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application. Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application.  The legislative pronouncement protecting cohabitation may be used by couples who are prescribed by law to marry by reason of legal impediment or public policy to circumvent the law. A case in point is B & L v the United Kingdom where a parent-in-law is prohibited from marrying their child-in-law unless both had reached aged 21 and both their respective spouses had died. B was L’s father-in-law, and they wished to marry. L’s son treated his grandfather, B, as ‘Dad’. However, upon application to the European Court of Human Rights (ECHR), it was ruled that the prohibition violates the right to marry notwithstanding its laudable and legitimate aim of protecting the family and any children of the couple. The prohibition was based primarily on tradition and considering the same situation, no legal prohibition exists when the couple would engage in an extra-marital relationship.  In fine, there are enough laws to protect the interest of unmarried cohabitants. They must only be vigilant in protecting their rights and interests so that they may not be unduly deprived of their rights and interests....
Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application. Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application.  The legislative pronouncement protecting cohabitation may be used by couples who are prescribed by law to marry by reason of legal impediment or public policy to circumvent the law. A case in point is B & L v the United Kingdom where a parent-in-law is prohibited from marrying their child-in-law unless both had reached aged 21 and both their respective spouses had died. B was L’s father-in-law, and they wished to marry. L’s son treated his grandfather, B, as ‘Dad’. However, upon application to the European Court of Human Rights (ECHR), it was ruled that the prohibition violates the right to marry notwithstanding its laudable and legitimate aim of protecting the family and any children of the couple. The prohibition was based primarily on tradition and considering the same situation, no legal prohibition exists when the couple would engage in an extra-marital relationship.  In fine, there are enough laws to protect the interest of unmarried cohabitants. They must only be vigilant in protecting their rights and interests so that they may not be unduly deprived of their rights and interests. Any legislation that would be enacted would put the cohabitation relationship at par with marriage and civil partnership is a mockery to the institutions. It would further erode marriage and civil partnership and from the growing number of couples choosing to cohabit without the benefit of marriage or civil partnership, it is marriage and civil partnership that need protection. Unmarried cohabitation should be left alone to give the parties freedom to choose but they cannot invoke protection as this is a direct assault on the institutions of marriage and civil partnership.  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS Essay”, n.d.)
LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS Essay. Retrieved from https://studentshare.org/law/1446045-family-law
(LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS Essay)
LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS Essay. https://studentshare.org/law/1446045-family-law.
“LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS Essay”, n.d. https://studentshare.org/law/1446045-family-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS

Stress of unmarried motherhood

...child) and these were stress associated with non-marital childbearing and economic disadvantages (Pearson n. pag.). Pearson furthered that researchers found that subsequent relationships among these unmarried single mothers, generally, do not have significant difference in their health status possibly because of the general stress brought about by cohabitating. But on the part of a single mother who left an unhappy and stressful marriage like Dr. Klungness (a cofounder of Single Motherhood) who explicitly said that though single parenting predisposes mothers to greater stress, however, health and overall well-being greatly improved after leaving a stressful marriage (Pearson n. pag.). Furthermore, single...
6 Pages(1500 words)Essay

Should the Law Continue to Threat Married Couples Differently from Unmarried Cohabitants in Property Disputes

...to that of Section 25 of the Matrimonial Causes Act 1973 would go a long way to providing equal protection of the law for unmarried cohabitants. It would also express that children of unmarried cohabitants are no less valuable than children of married cohabitants. We may not be able to change the trend toward couples living together outside of marriage, but we can change the way that these families are marginalized. Post-property legislation is a good place to start. Bibliography Burns v Burns [1984] 1 All ER 244. Deech, Baroness Ruth. “Cohabitation” Family Law, 2010. Vol. 39: 39-41 Douglas, G.; Pearce,...
10 Pages(2500 words)Essay

Legislation:

...?Legislation: Women Issues Viebeck s that America is one of the few countries where women have almost equal rights as men (6). Like most women around the world, American women have had to overcome many challenges to attain the level of equality they have today. The 18th and the 19th century American women faced all manners of oppression. They were expected to stay at home to nurture children and take care of homes. As such, they were not expected to be heard, but to be seen. This implied that men dominated over them in all matters in society. Most women around the world still face this form of oppression. However, American women have managed to overcome some of the challenges. This has been made possible through intense activism... solved in...
7 Pages(1750 words)Essay

Environmental Legislation

... to implement EU environmental law, thereby frustrating the purposes for which those laws were passed. Issues of environmental laws and legislation keep on getting more elusive by the day. Although many developed western countries especially in the European Union have already introduced specific and stringent laws on environmental protection, many countries especially in the developing world are still lagging behind. Many countries in East Asia, Latin America and sub-Saharan Africa are still to come up with acceptable environmental statutes to protect against environmental degradation. CONCLUSION: The Subsidiarity principle may be new in the European legislature but that does not over rule its importance. In addition... INTRODUCTION:...
4 Pages(1000 words)Essay

Introduced or invasive species

...Invasive or Introduced Species" Introduction An introduced or invasive species is a species inhabiting out of its native location and has been introduced by human actions either by chance or by wish. In certain cases these species may not adapt themselves to the new-fangled environment and therefore they display very little survival rate, on the other hand some of the species survive well and proliferate in the newly introduced novel habitat. It is observed that some of the introduced species are deteriorating the natural environment to which they have been introduced, on the other hand some of the species do not display any harmful...
1 Pages(250 words)Lab Report

Legislation

...LEGISLATION Legislation What is Affirmative Action? Affirmative Action refers to a federal agenda that was first used by Lyndon Johnson in his 1960 Executive Order 11246 that called on the federal government to take steps that would counteract historic discrimination of minorities with regards to their color, race, national origin and creed (Fullinwider, 2009). It also includes the protection of the rights of the underrepresented groups such as women. It aims at fostering diversity and compensating for the ways in which such underrepresented groups have historically been excluded through programs that prioritize their inclusion in the education, government and employment sectors. In the...
2 Pages(500 words)Essay

The Issues of Unmarried Cohabitation

.... Hence, principally speaking Graves did suffer a loss of consortium, irrespective of him and Ennis being males. Moreover, varied legal provisions in California, like The California Family Rights Act, extend similar protections to the same sex domestic partners as they extend to heterosexual couples. Part II 1. Yes, California has indeed adopted a paradoxical position towards the rights of unmarried couples by extending those rights in contract, but not in tort. In Marvin vs. Marvin, the honorable court did agree that there existed an express and implied-in-fact contract between the same sex cohabiting couples. If the economic ramifications of the decision in Marvin vs. Marvin...
2 Pages(500 words)Assignment

Air Legislation

... College Centre of gravity and stability of an aircraft An aircraft is stable when it is able to return to its ordinary condition after having been disturbed from that place without the pilot having to take any corrective measures. There are different forms of stability depending on the prevailing conditions in which the aircraft is in. They include static stability, dynamic stability, longitudinal stability and lateral stability. This essay will focus on how the center of gravity affects the aircraft stability; take off, landing and cruise of an aircraft. In aircraft, the center of gravity is that point at which the plane would balance suppose it was to be suspended at that point. This balance is what constitutes lateral balance... College...
3 Pages(750 words)Assignment

BUDGET LEGISLATION

...Budget Legislation on Crowns Corporations al Affiliation: Budget Legislation on Crowns Corporations Crowns Corporations are Canadianenterprises which are owned by the federal state and are established under a parliamentary act. However, these corporations are shielded from a constant government intervention and thus they enjoy greater freedom from any direct political control as compared to other departments of the government. In May 2013, the Canadian government moved to control Crowns’ budget on wages. This legislation allows the government to fully intervene in all the bargaining procedures and the entire salary scales. These changes were met with mixed reactions from various unions of workers, referring to it as unbelievable... ....
1 Pages(250 words)Coursework

Rights and Duties of Cohabitees

...(Consultation Paper on the Rights and Duties of Cohabitees, 2004). Cohabitants are singularly inept when it comes to adopting legal measures that would afford them or their partners protection on separation, moreover they do not resort to protective measures like marriage or entering into specific agreements (Toulson, 2006). Accordingly, the Government has initiated moves to bring in legislation that would provide some rights to cohabitants in the UK. According to Harriet Harman, the family justice minister, this would allow cohabitees to claim lump sums, share in the property, maintenance payments, etc. Although the Labour Government has not...
7 Pages(1750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS for FREE!

Contact Us