Citing the law

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Citing the law
Why do I need to cite?
Activity: When to cite?
Inserting footnotes
Case law
Activity: Which report do I cite?
EU cases
ECHR cases
Welsh legislation
Scottish legislation
Northern Ireland legislation
EU legislation
Edited books and encyclopedias
Journal articles
Electronic journal articles
Government publications
Newspaper articles
Websites and blogs
Activity: Putting it all together
FAQs and notes

Click on the underlined links to reveal additional information below about how to cite.

Barlow and James23 describe the treatment of opposite-sex cohabitants by the law as 'schizophrenic' , sometimes treating them as if they were married and sometimes treating it as an inferior form of relationship. They note, for example, that under the Administration of Estates Act 1925, s 46 only a spouse will automatically inherit all or some of their spouse's estate where their husband or wife dies without making a will. Although the Inheritance (Provision for Family and Dependants) Act 1975, has in recent years been amended24 to give cohabitants of at least two years the right to make a claim in a similar situation, this is limited to financial provision for maintenance only.25 Barlow and James therefore suggest that 'the law applicable in the event of the death of a cohabitant is confused and contradictory'.26

23 A Barlow and G James, 'Regulating Marriage and Cohabitation in 21st Century Britain' (2004) 67 MLR 143, 147.
24 S 1(1)(a) and (ba) as substituted by the Civil Partnership Act 2004, s 71 and Sch 4 Pt 2 para 15(1) and (2).
25 Inheritance (Provision for Family and Dependants) Act 1975, s 2.
26 Barlow and James (n 23) 151.

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