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Overview

Dr Andy Hayward

Associate Professor

LLB(ELS) LLM PGCAP SFHEA PhD


Affiliations
AffiliationRoom numberTelephone
Associate Professor of Durham Law SchoolPCL126+44 (0) 191 33 42808
Member of the Institute of Commercial and Corporate Law 

Biography

Research

Andy’s research interests lie in family law, property law, equity and legal history (especially the history of family law). His research critically analyses the legal regulation of formalised and non-formalised adult relationships and, in particular, the property consequences generated by their breakdown. He has presented his research at both national and international conferences.

Andy is currently working on three research projects. The first project focuses on same-sex marriage and same-sex/mixed-sex civil partnership reform. Drawing upon insights from comparative family law, he has published with Professor Jens M Scherpe from the University of Cambridge, an edited collection with Intersentia, entitled The Future of Registered Partnerships - Family Recognition beyond Marriage? (details available here). This research, and its implications for policy-makers, forms the foundation of the Reforming Civil Partnerships Project (details available here). In February 2020 Andy gave oral evidence to the Equalities and Human Rights Committee of the Scottish Parliament on the Civil Partnerships (Scotland) Act 2020. 

The second project focuses on domestic and comparative cohabitation reform. Drawing upon comparative family law insights Andy is currently exploring models of cohabitation reform and potential solutions to the absence of comprehensive cohabitation protections in England and Wales. In particular he is exploring the use of human rights arguments and strategic litigation in this context. In 2021, he launched with Professor Jens Scherpe a major comparative project, The Legal Status of De Facto Relationships, that analyses the degree of legal protection afforded to cohabitants in over 40 jurisdictions. In June 2021 he was appointed Specialist Adviser to the Women and Equalities Committee of the UK Parliament to advise on their Rights of Cohabiting Partners Inquiry.

The third project analyses trusts of the family home and family property. Andy has a particular interest in the 'familialisation of property law' evidenced in the development of both the common intention constructive trust and proprietary estoppel. His research has been cited favourably extra-judicially by Lord Kerr, former Justice of the Supreme Court and builds upon Andy’s doctoral research entitled Judicial Discretion in Ownership Disputes over the Family Home. 

Andy also holds first class degrees from the University of Durham (LLB (ELS) involving an ERASMUS year at the bilingual University of Fribourg in Switzerland) and the University of Cambridge (LLM (Magdalene College)).

Andy is currently an Academic Fellow of the Honourable Society of the Inner Temple (details available here). Andy has also held several visiting positions at universities in Europe including the Université Catholique de Louvain (Belgium), the Institut de Droit Comparé Edouard Lambert, Université Jean Moulin III, Lyon (France) and the University of Cambridge (Faculty of Law and Bye-Fellow at Robinson College). 

Andy’s Twitter handle is @DrAndyHayward; he tweets in a personal capacity.

Teaching

Andy has teaching expertise on the modules of family law, land law, equity & trusts and legal history (especially Married Women’s Property). In 2009 he established the popular Law of Family Relationships module and to acknowledge student success on that course created the Lord Justice McFarlane Prize in Family Law, offering the top three students marshalling opportunities at the Royal Courts of Justice. In recognition of his contribution to teaching on that course and more generally at Durham he received the University Excellence in Learning and Teaching Award in 2016 and nominations for Oxford University Press Law Teacher of the Year Award and Lecturer of the Year by Durham University’s Student Union, LawCareers.Net and the Northern Law Awards.

He has completed the Postgraduate Certificate of Academic Practice (PGCAP) and is a Senior Fellow of the Higher Education Academy.

Postgraduate Research Supervision

Andy has supervised several postgraduate research students in the fields of Family Law and Equity (Master of Jurisprudence (MJur) and Doctor of Philosophy (PhD)) and acted as external examiner. Previous research projects include the meaning of ‘needs’ in the granting of Financial Orders, reform of divorce law, the legal recognition of prenuptial agreements and the compatibility of the paramountcy principle with human rights law.

Andy welcomes research proposals from students in the areas of modern and historical family law (adult relationships), comparative family law and equity, especially trusts of the family home.

Research interests

  • Domestic and Comparative Family Law
  • Family Property
  • Trusts and Equity
  • Legal History

Research groups

  • Gender & Law at Durham
  • Human Rights Centre
  • Institute of Commercial and Corporate Law

Research Projects

  • Grants

Media Contacts

Available for media contact about:

  • English Law: Marriage - the historical regulation, modern conceptualisation of marriage, debates concerning same sex marriage.
  • Gender and law: Marriage - the historical regulation, modern conceptualisation of marriage, debates concerning same sex marriage.
  • Law & Crime: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
  • English Law: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
  • Gender and law: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
  • Law & Crime: Division of assets - ancillary relief / Financial Orders, how the courts divide assets upon divorce or dissolution of a civil partnership, the legal validity of prenuptial agreements.
  • English Law: Division of assets - ancillary relief / Financial Orders, how the courts divide assets upon divorce or dissolution of a civil partnership, the legal validity of prenuptial agreements.
  • Gender and law: Division of assets - ancillary relief / Financial Orders, how the courts divide assets upon divorce or dissolution of a civil partnership, the legal validity of prenuptial agreements.
  • Law & Crime: Divorce - legal regulation, divorce reform.
  • English Law: Divorce - legal regulation, divorce reform.
  • Gender and law: Divorce - legal regulation, divorce reform.

Publications

Book review

Chapter in book

  • Hayward, A. (2021). New Models of Registered Partnership Reform: Embracing Family Recognition beyond Marriage? In Exploring Norms And Family Laws Across The Globe. Breger, M. Lexington Publishers. (forthcoming).
  • Hayward, A (2020). Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage. In Same-Sex Relationships, Law and Social Change. Hamilton, F & Noto La Diega, G Routledge. 189-208.
  • Hayward, A (2019). Legal Relationships between Adults and Children in England and Wales. In Adults and Children in Postmodern Societies. Sosson, J, Willems, G & Motte, G Intersentia. 219-248.
  • Hayward, A (2018). Relationships between Adults: Marriage, Civil Partnerships and Cohabitation. In Family Law. Lamont, R Oxford University Press. 20-65.
  • Hayward, A (2018). The Married Women's Property Act 1882. In Women's Legal Landmarks: Celebrating 100 Years of Women and Law in the UK and Ireland. Auchmuty, R & Rackley, E Hart. 71-76.
  • Hayward, A (2017). The Future of Civil Partnerships in England and Wales. In The Future of Registered Partnerships - Family Recognition beyond Marriage?. Scherpe, JM & Hayward, A Intersentia. 44: 527-559.
  • Hayward, A (2017). Registered Partnerships in England and Wales. In The Future of Registered Partnerships - Family Recognition beyond Marriage?. Scherpe, JM & Hayward, A Intersentia. 187-224
  • Hayward, A. (2016). 'Family Property' and the Process of Familialisation of Property Law. In Marital Rights. Leckey, R. Ashgate. 265-287.
  • Hayward, A. (2013). Finding a Home for 'Family Property': Stack v Dowden & Jones v Kernott. In Landmark Cases in Land Law. Gravells, N. Hart. 229-252.
  • Hayward, A (2012). ‘The ‘Context’ of Home: Cohabitation and Ownership Disputes in England and Wales’. In Community, Home and Identity. Diamond, M & Turnipseed, T Ashgate. 179-206.

Doctoral Thesis

  • Hayward, A (2013). Judicial Discretion in Ownership Disputes over the Family Home. PhD: 265.

Edited book

  • Briggs, M. & Hayward, A. (2023). Research Handbook on Family Property and the Law. Edward Elgar.
  • Scherpe, JM. & Hayward, A. (2022). The Legal Status of De Facto Relationships. Intersentia.
  • Scherpe, JM & Hayward, A (2017). The Future of Registered Partnerships - Family Recognition beyond Marriage?. European Family Law. Intersentia.

Edited Sources, Research Data Sets and Databases

  • Hayward, A (2017). Income, troubles and legal family formats in the UK: England and Wales. Waaldijk, K, The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. INED.
  • Hayward, A (2017). Migration and legal family formats in the UK: England and Wales. Waaldijk, K The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. INED.
  • Hayward, A (2017). Death and legal family formats in the UK: England and Wales. Waaldijk, K The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. INED.

Journal Article

Other (Digital/Visual Media)

  • Fenwick, H & Hayward, A (2017). Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan. UK Human Rights Blog.
  • Hayward, A (2014). Conscious Uncoupling and the Sanitisation of Divorce. The Conversation
  • Hayward, A (2010). The Fairness in Enforcing a Broken Promise: Radmacher v Granatino and Prenuptial Agreements. Human Rights in Ireland
  • Hayward, A (2010). The Gender Dimension of Prenuptial Agreements: Radmacher v Granatino. Inherently Human
  • Hayward, A (2009). Cohabitation in England and Wales: Lessons from Ireland? Human Rights in Ireland

Presentation

  • Hayward, A. (2021), Mixed-Sex Civil Partnerships: Two Years On, Society of Legal Scholars Annual Conference. Durham University, UK.
  • Hayward, A. (2021), ‘Wedded to Property’ How Property influences Understandings of Marriage, A Sacred Covenant. Northumbria University.
  • Hayward, A. (2021), Deploying Human Rights Arguments to Protect Cohabitants, Law and Society Association Annual Conference. Chicago.
  • Hayward, A. (2021), Protecting Cohabiting Couples upon Relationship Breakdown, Family Law Reform Now. University of Birmingham, UK.
  • Hayward, A (2020), The Wild and Ridiculous Doctrine of Equality - Matrimonial Property and the Legacy of the Married Women's Property Act 1882, Reader's Lecture, Inner Temple. London, UK.
  • Hayward, A (2019), Relationships with Status: Introducing Equal Civil Partnerships in England and Wales, Cardiff Law School, Cardiff.
  • Hayward, A (2019), Cohabitation and the Property Consequences of Relationship Breakdown in England and Wales, Cohabitation Law Reform: Setting the Agenda. University of Glasgow, Scotland.
  • Hayward, A & Fenwick, H (2019), Conflicts Between Free Expression, Freedom of Religion and Avoidance of Discrimination on Grounds of Sexual Orientation within the ECHR Framework, The Future of Freedom of Speech and Religion after Israel Folau. Deakin University, Melbourne, Australia.
  • Hayward, A (2018), The Relationship between Equal Civil Partnerships and Cohabitation Reform, Resolution Seminar. London.
  • Hayward, A (2018), Equal Civil Partnerships and the Construction of the Cohabitant, Workshop on Frontier Research in Children's Rights and Family Law. University College Cork, Ireland.
  • Hayward, A (2018), Equal Civil Partnerships and their Impact on Cohabitation Reform, Changing Family Forms. University of Edinburgh, Scotland.
  • Hayward, A & Fenwick, H (2017), Reforming Civil Partnerships in England and Wales: Reflections on Steinfeld, International Society of Family Lawyers World Conference. Vrije Universiteit, Amsterdam, The Netherlands.
  • Hayward, A (2017), Which Relationships? Which Legal Forms? The Protection of the Parent-Child Relationship in England and Wales, Procreating, Fostering and Passing on: Adults and Children in Post-Modern Societies. Université catholique de Louvain, Belgium.
  • Hayward, A. (2016), Cohabitation Disputes and the Reimagining of Proprietary Estoppel, Association of Law, Property and Society. Queen's University Belfast, Belfast
  • Hayward, A (2016), Alternative Family Forms in England and Wales, Il diritto di famiglia tra modelli tradizionali e nuove declinazioni: Esperienze a confronto. Bocconi University, Milan, Italy.
  • Hayward, A (2015), Towards a Concept of Family Property in England and Wales, Centre for Private Law Seminar Series. Universitat Pompeu Fabra, Barcelona, Spain.
  • Hayward, A (2015), The Future of Civil Partnerships, The Society of Legal Scholars Annual Conference. York Law School, United Kingdom.
  • Hayward, A. (2014), Judicial Discretion in Ownership Disputes over the Family Home, Association of Law, Property and Society. University of British Columbia, Vancouver, Canada.
  • Hayward, A (2014), Achieving Social Justice in Ownership Disputes over the Family Home: The Case for Structured Discretion, Newcastle Forum for Human Rights and Social Justice Seminar Series. Newcastle Law School.
  • Hayward, A (2013), The Process and Potential of Familialisation of Property Law, Trusts of the Family Home and the Frontiers of Family Property: Domestic and Comparative Perspectives, Modern Law Review Seminar Series. Durham Law School.
  • Hayward, A. (2013), Half a Century of Morals and Marriage - Fifty Years Ahead of its Time or Two Hundred Years Out of Date? - A Response, Lord Devlin Golden Jubilee Lecture. Centre for Catholic Studies, Durham.
  • Hayward, A (2010), Uncovering the Identity of the Family Home: Recent Trends in Ownership Disputes over the Family Home in England and Wales, Association of Law, Property and Society. Georgetown Law School, Washington DC, USA.
  • Hayward, A (2010), Contextualising Home: The Devil's in the Detail, Modern Studies in Property Law. University of Oxford.
  • Hayward, A. (2008), Trusts of the Family Home: Legislative Intervention or Judicial Innovation?, Institute for Commercial and Corporate Law, Durham, United Kingdom.

Supervision students