Details
- Provides an in-depth history on the origins and historical legal aspects of common law marriage, from Free Roman Marriages to Canon Law concubine laws
- Analyzes the legal challenges between the decreased marriage rates versus the increased rates of cohabitation, and puts it in a historical, comparative, and sociological perspective
- Analyzes the conflicts between laws when one state attempts to determine or recognize a common law marriage from another state
- Presents a solidified argument from both sides of the debate, between those "for" and "against" common law marriage with evidence concerning cultural reasons, morality issues, and the lack of protection against personal integrity
- Provides a current perspective on the complexities surrounding common law marriage, by presenting 2,000 American cases to determine the legal requirements and facts surrounding what could be established as a common law marriage
One 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 couples move from one state to another, individual state courts in the United States must apply the doctrine of common law marriage and decide if such a marriage has been established when a couple has lived in, or visited, a common law marriage state. Common Law Marriage provides an avid look at the level of expertise regarding the doctrine of common law marriage and expresses the evident need for guidance concerning it.
Goran Lind is an Associate Professor of law at the University of Uppsala in Sweden, where he previously earned his Bachelor of Laws and Doctorate of Laws. He is the general manager of the JURA Law Institute, which educates judges and attorneys on the entire field of law. Professor Lind has lectured extensively on family law, inheritance law, international private law, and comparative law, and has published multiple books and articles on these topics. Professor Lind has been elected by the students of the University of Uppsala as the best teacher of the faculty of law.
"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
