Description
Book SynopsisOne of family law''s greatest challenges within the 21st Century is facing the decreased rate of marriages and the increased number of unmarried co-habiting couples. All over the world, lawmakers and courts have met this challenge with different legal solutions. Currently, eleven American jurisdictions recognize the doctrine of common law marriage, but for other jurisdictions have abolished the doctrine within the last fifteen years. Common Law Marriage presents a thorough legal history of common law marriage, from its origins to current law and possible future developments in law. Dr. Göran Lind researches current law by analyzing American cases, discussing the legal requirements for the establishment of a common law marriage, as to capacity, contract, implied agreement, cohabitation, holding out, and burdens of proof. As Lind points out, due to the choice of law principles, courts all over the United States must decide on common law marriages on a case-by-case basis. As long as coup
Trade ReviewThis is the definitive work on U.S. common law marriage. Scholars of family law across the US will be very glad Professor Lind undertook this project. Professor Lind's book provides very helpful information about how common law marriage developed. His chapters on informal marriage under Roman and Canon law, provide a helpful survey of the legal historical background out of which common law marriage emerged." J. Thomas Oldham, University of Houston Law Center
Professor Lind's work is extremely timely and his research is extremely thorough. He offers both a contemporary and an historical perspective and his analysis is careful and thoughtful. It provides the information that policymakers and scholars need, and does so in a thorough and unbiased manner. I expect that this book will have a significant impact on the development of the law governing cohabitation." Marsha Garrison, Brooklyn Law School
This is the definitive work on U.S. common law marriage. Scholars of family law across the US will be very glad Professor Lind undertook this project. Professor Lind's book provides very helpful information about how common law marriage developed. His chapters on informal marriage under Roman and Canon law, provide a helpful survey of the legal historical background out of which common law marriage emerged." J. Thomas Oldham, University of Houston Law Center
Professor Lind's work is extremely timely and his research is extremely thorough. He offers both a contemporary and an historical perspective and his analysis is careful and thoughtful. It provides the information that policymakers and scholars need, and does so in a thorough and unbiased manner. I expect that this book will have a significant impact on the development of the law governing cohabitation." Marsha Garrison, Brooklyn Law School