This volume gathers influential and cutting-edge scholarship on the international and domestic rights attaching to married couples and other adult relationships. Addressing examples from the European Court of Human Rights, UK, USA, Canada, Australia and South Africa, it traces contentious debates about the content of marital rights and responsibilities and whether law should reach beyond marriage, and if so how. Twenty-four essays and a substantial introduction highlight the complexity and contradictions as marital law grapples with gender equality, the aftermath of recognizing gay and lesbian rights, abiding economic inequalities, and ’exotic’ issues such as forced marriage and polygamy.
Table of Contents
Contents: Introduction, Robert Leckey. Part One Supranational and International Rights: Marriage: a human right for all, Paula Gerber, Kristine Tay and Adiva Sifris; Discrimination and civil partnerships: taking ‘legal’ out of legal recognition, Ilias Trispiotis; Rape in marriage and the European Convention on Human Rights, Stephanie Palmer; Righting domestic violence, Shazia Choudhry and Jonathan Herring. Part Two Rights under Domestic Constitutional and Public Law: Evolving values, animus, and same-sex marriage, Daniel O. Conkle; Love, freedom and governance: same-sex marriage in Canada, Katherine Osterlund; Coercion, consent and the forced marriage debate in the UK, Sundari Anitha and Aisha Gill; ‘Big love’? The recognition of customary marriages in South Africa, Penelope E. Andrews; Prude in the law: why the polygamy reference is all about sex, Dana Phillips; The regulation of cohabitation in Ireland: achieving equilibrium between protection and paternalism?, Brian Tobin; Strange bedfellows, Robert Leckey. Part Three Interpreting ‘Private’ Rights: Why financial orders on divorce should be unfair, Jonathan Herring; The impact of recent ancillary relief jurisprudence in the everyday ancillary relief case, Emma Hitchings; Equality, needs, and bad behaviour: the ‘other’ decision-making approaches in Australian matrimonial property cases, Helen Rhoades; Family property and the process of familialisation of property law, Andrew Hayward; I do, I will, Angela Campbell. Part Four Marital Rights’ Reach: Cohabitants, property and the law: a study of injustice, Gillian Douglas, Julia Pearce and Hilary Woodward; Same-sex marriage but not mixed-sex partnerships: should the Civil Partnership Act 2004 be extended to opposite-sex couples?, Ruth Gaffney-Rhys; Cohabitation, civil partnership, marriage and the equal sharing principle, Winnie Chan; Living apart together (LAT) and law: exploring legal expectations among LAT individuals in Belgium, Vicky Lyssens-Danneboom, Sven Eggermont and Dimitri Mortelmans. Part Five Enforcing Rights: ‘Not of the highest importance’: family justice under threat, John Eekelaar; The rise of self-representation in Canada’s family courts: the complex picture revealed in surveys of judges, lawyers and litigants, Rachel Birnbaum, Nicholas Bala and Lorne Bertrand; Arbitration in financial dispute resolution: the final step to reconstructing the default(s) and exception(s)?, Lucinda Ferguson; Divorce mediation: should we change our mind?, Robert Dingwall. Index.
Robert Leckey is Dean of the Faculty of Law and Samuel Gale Professor of Law at McGill University in Montreal, Quebec.