Marital Rights

Robert Leckey is Dean of the Faculty of Law and Samuel Gale Professor of Law at McGill University in Montreal, Quebec.

• 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.