Modern Marriage Myths: the Dichotomy Between Expectations of Legal Rationality and Lived Law

Abstract

This chapter draws on nationally representative research from the British Social Attitudes Survey 2019, to explore the differences between the legal expectations and lived experiences of cohabitants. It demonstrates that the ‘common law marriage myth’ remains pervasive, questioning assumption of conscious, mutual and autonomous relationship decision making, and compares this with Muslim marriage myths. It then discusses how the law should respond.