552 research outputs found
Focus on : marriage records
No full textRebecca Probert looks at the wealth of useful material that can be found in marriage records
Living in sin?
No full textRebecca Probert discovers whether the image of mass cohabitation among the Victorian working class is an accurate one
Divorced, bigamist, bereaved? The family historian's guide to marital breakdown, separation, widowhood and remarriage : from 1600 to the 1970s
No full textIn this follow-up to the bestselling Marriage Law for Genealogists, Rebecca Probert explains marital breakdown, separation, divorce, bigamy, bereavement and remarriage from the 1600s through to the late twentieth century. From the evidential requirements of the divorce courts through to the testimonies of convicted bigamists, and from men who married their late wife's sister through to couples who went through more than one wedding ceremony together, this book examines law and social custom from every angle. Rebecca Probert is the leading authority on the history of marriage law and practice in England and Wales. She holds a chair in family law at the University of Warwick and regularly appears on TV and radio
Cohabiting couples and the law - past, present and future
No full textShort article by Rebecca Probert (Associate Professor, University of Warwick) published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
Cohabiting couples and the law - past, present and future
No full textShort article by Rebecca Probert (Associate
Professor, University of Warwick) published in Amicus Curiae -
Journal of the Society for Advanced Legal Studies. The Journal is
produced by the Society for Advanced Legal Studies at the
Institute of Advanced Legal Studies, University of
London
Introduction: marriage and cohabitation: global debates, challenges, and perspectives
No full textThis introductory chapter explains the scope and structure of the book. It provides an overview of how the book progresses from discussion of the historical, philosophical, social and political dimensions of marriage law, through an overview of the rules governing how couples marry and questions about who may marry, to the formal alternatives to marriage that have been created in a number of jurisdictions, the different justifications and models for conferring rights on cohabitants, and some of the different consequences of marriage and cohabitation. It also draws out some key themes: how the legal regulations flowing from marriage have historically operated more as tools of exclusion than inclusion, how much of our understanding of modern family law is derived from how different jurisdictions regulate unmarried relationships, and what legal responses to marriage and cohabitation can tell us about social and cultural understandings of the nature and significance of these relationships
Cohabitants and joint ownership : the implications of Stack v Dowden
No full textRebecca Probert, University of Warwick. In Stack v Dowden [2007] UKHL 17, [2007] 1 FLR 1858 the House of Lords held unanimously that if a property was conveyed into or registered in joint names, the presumption would be that equity followed the law, and by a majority that in the context of the family home this presumption was so strong that it could not be rebutted merely by evidence of unequal contributions. As Baroness Hale of Richmond put it, cases in which the joint legal owners are to be taken to have intended that their beneficial interests should be different from their legal interests will be very unusual.
Stack was the first case at this level to focus on the particular circumstances of cohabiting couples. Even if legislation is passed in line with the Law Commissions recent recommendations so as to provide a remedy for cohabiting couples on separation, property law will remain of relevance if it should prove necessary to ascertain their shares during the relationship (eg if there is a dispute with a third party), or on the death of one of the parties, or if the parties fail to satisfy the eligibility criteria. In this article, Rebecca Probert considers the impact of the case on cohabiting, owner-occupier, couples who purchased their property before 1997 and the changes to Land Registry forms, looking at whether a beneficial joint tenancy should be inferred from a legal joint tenancy, and what factors should be taken into account in inferring an intention to share the beneficial interest unequally. For the full article see October [2007] Fam Law
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Tying the knot ::the formation of marriage, 1836-2020 /
No full textThe Marriage Act 1836 established the foundations of modern marriage law, allowing couples to marry in register offices and non-Anglican places of worship for the first time. Rebecca Probert draws on an exceptionally wide range of primary sources to provide the first detailed examination of marriage legislation, social practice, and their mutual interplay, from 1836 through to the unanticipated demands of the 2020 coronavirus pandemic. She analyses how and why the law has evolved, closely interrogating the parliamentary and societal debates behind legislation. She demonstrates how people have chosen to marry and how those choices have changed, and evaluates how far the law has been help or hindrance in enabling couples to marry in ways that reflect their beliefs, be they religious or secular. In an era of individual choice and multiculturalism, Tying the Knot sign posts possible ways in which future legislators might avoid the pitfalls of the past
Rebecca Probert (ed.), Cohabitation and non-marital births in England and Wales, 1600-2012 (Basingstoke: Palgrave Macmillan, 2014) [review]
No full textNowadays the marital status of new parents barely merits comment; this is not surprising given that, as Rebecca Probert explains, ‘almost half of all children in England and Wales are born outside marriage, with cohabiting relationships accounting for the majority of such births’ (p. 1). The aim of this collection of interdisciplinary essays is twofold: to provide the historical context of non-marital child-bearing since 1600, alongside a study of residential sexual relationships outside marriage
Rebecca Probert (ed.), Cohabitation and non-marital births in England and Wales, 1600-2012 (Basingstoke: Palgrave Macmillan, 2014) [review]
No full textNowadays the marital status of new parents barely merits comment; this is not surprising given that, as Rebecca Probert explains, ‘almost half of all children in England and Wales are born outside marriage, with cohabiting relationships accounting for the majority of such births’ (p. 1). The aim of this collection of interdisciplinary essays is twofold: to provide the historical context of non-marital child-bearing since 1600, alongside a study of residential sexual relationships outside marriage
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