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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Unmarried Couples, Law, and Public Policy (Hardcover)
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Unmarried Couples, Law, and Public Policy (Hardcover)
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In Unmarried Couples, Law, and Public Policy, Cynthia Grant Bowman
explores legal recognition of opposite-sex cohabiting couples in
the United States. Unmarried cohabitation has increased at a
phenomenal rate in the U.S. over the last few decades, but the law
has not responded to the legal issues raised by this new family
form. Although a majority of cohabiting unions dissolve within the
first two years, many are longer in term and function like other
families; a large number of children also reside in these
households. If one partner dies, is injured, or leaves the family,
the remaining family members are left in an extremely vulnerable
position in almost every state without any type of survivors'
benefits, compensation for loss of a wage-earning partner, or
remedies similar to those available upon dissolution of a marriage.
The author argues that the many benefits attendant upon formal
marriage should be extended to cohabitants who have lived together
for more than two years or give birth to a child. In order to avoid
these consequences, a couple would need to opt out of them by
contract.
Professor Bowman reaches this conclusion after a thorough review of
the history of the legal treatment of cohabitation in the United
States, the inadequacy of the legal remedies available to
cohabitants in most states, the now-voluminous social science
literature about cohabitation, and the experience of six other
countries (England, Canada, Australia, France, The Netherlands, and
Sweden) that have attempted a variety of legal reforms to address
the problems of cohabitants.
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