Marriage and Cohabitation in Private International Law: Regulating De Jure and De Facto Relationships

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

The law concerning de jure and de facto adult relationships varies substantially across jurisdictional lines, and is an area that largely lacks harmonised choice of law rules. Such rules would ensure that relationships are recognised and that legal consequences remain the same when couples cross state borders. This chapter considers rules concerning formal validity and essential validity of marriage and religious marriages. It also considers cohabitation, in both registered and unregistered forms. The chapter addresses the uncertainty that may be caused to couples regarding the validity of their relationship. Since a couple’s legal status may change as they cross state borders, the chapter addresses the policy objectives pertaining to validity of de jure and de facto adult relationships.
Original languageEnglish
Title of host publicationResearch Handbook on International Family Law
EditorsJaneen M. Carruthers, Bobby W.M. Lindsay
Place of PublicationCheltenham
PublisherEdward Elgar
Chapter10
Pages172-192
Number of pages21
ISBN (Electronic)9781802207422
ISBN (Print)9781802207415
DOIs
Publication statusPublished - 18 Jun 2024

Publication series

NameResearch Handbooks in Family Law
PublisherEdward Elgar Publishing

Keywords

  • Cohabitation
  • Formal validity; Essential validity
  • Harmonisation
  • Marriage
  • Religious marriages

Cite this