What Do You Do When They Don't Say 'I Do'? Cross-Border Regulation for Alternative Spousal Relationships

44 Pages Posted: 23 Apr 2016 Last revised: 2 Sep 2016

See all articles by Sharon Shakargy

Sharon Shakargy

Hebrew University of Jerusalem - Faculty of Law

Date Written: August 1, 2014

Abstract

Marriage is a local arrangement with international effects. Throughout the Western world, a marriage recognized as valid by the parties’ home country is usually considered valid and binding in any other country. This recognition carries substantial benefits. In sharp contrast, unwed couples and some married couples, namely same-sex couples, are denied these benefits due to lack of (sufficient) inter-state and international recognition of their relationships, making their relationships unstable at best. This Article discusses the cross-border recognition of such relationships — or lack thereof — and its effects, and it suggests a way to better the situation using private law tools, thus avoiding much of the public debate on the matter.

Keywords: choice of law, family law, alternative spousal relationships, same sex marriage

Suggested Citation

Shakargy, Sharon, What Do You Do When They Don't Say 'I Do'? Cross-Border Regulation for Alternative Spousal Relationships (August 1, 2014). Vanderbilt Journal of Transnational Law, Vol. 48, 2015; Hebrew University of Jerusalem Legal Research Paper No. 16-22. Available at SSRN: https://ssrn.com/abstract=2768437 or http://dx.doi.org/10.2139/ssrn.2768437

Sharon Shakargy (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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