Dr Andy Hayward
LLB(ELS) LLM PGCAP SFHEA PhD
|Associate Professor in Durham Law School||PCL126||+44 (0) 191 33 42808|
|Member of the Institute of Commercial and Corporate Law|
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 published with Professor Jens M Scherpe from the University of Aalborg, 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. He is currently exploring the evolution of 'equal' civil partnerships following the extension to the regime to mixed-sex couples in December 2019.
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 global comparative study that analyses the degree of legal protection afforded to cohabitants in over 40 jurisdictions. The findings will be published in The Legal Status of De Facto Relationships (Intersentia, 2023). 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. He currently advises domestic and overseas policy-makers on cohabitation reform and is working closely with key practitioner organisations such as Resolution with a view to securing reform in the future.
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.
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 Sir Andrew 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 supervises undergraduate and LLM dissertations in the field of family law and acts as an Academic Adviser to students.
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 to completion several postgraduate research students in the fields of Family Law and Equity. These include the Master of Jurisprudence (MJur) and Doctor of Philosophy (PhD). He has also acted as external examiner. Andy is nominated for the award of Excellence in Research Student Supervision at the Durham University Learning and Teaching Awards 2022.
Previous postgraduate research projects supervised include the meaning of ‘needs’ in the granting of Financial Orders, reform of divorce law, the legal recognition of prenuptial agreements, unjust enrichment and cohabitation, and the compatibility of the paramountcy principle with human rights law.
Andy welcomes PhD and MJur 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.
Andy is currently Director of Postgraduate Research in the Law School. He oversees all matters relating to the MJur and PhD programmes. He previously served as Director of External Relations and Early Career Researcher Coordinator.
- Domestic and Comparative Family Law
- Family Property
- Trusts and Equity
- Legal History
- Gender & Law at Durham
- Human Rights Centre
- Institute of Commercial and Corporate Law
Available for media contact about:
- Gender and law: Marriage - the historical regulation, modern conceptualisation of marriage, debates concerning same sex marriage.
- Gender and law: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
- 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.
- Gender and law: Divorce - legal regulation, divorce reform.
- Hayward, A (2021). Review of Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de facto Unions, edited by Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny and Velina Todorova. International Journal of Law, Policy and the Family 35(1): ebaa014.
- Hayward, A. (2016). Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice by Sharon Thompson. Journal of Social Welfare and Family Law 38(4): 480-482.
- Hayward, A. (2015). Review of Marriage Rites and Rights by Joanna Miles, Perveez Mody and Rebecca Probert. Australian Journal of Family Law 29(3): 252-255.
- Hayward, A. (2013). Review of The Changing Legal Regulation of Cohabitation: From Fornicators to Family by Rebecca Probert. Cambridge Law Journal 72(3): 794-796.
- Hayward, A. (2012). Review of Marital Agreements and Private Autonomy in Comparative Perspective by Jens M Scherpe. Australian Journal of Family Law 26: 174-176.
- Hayward, A. (2010). Review of Sharing Lives, Dividing Assets: An Inter-Disciplinary Study by Joanna Miles and Rebecca Probert. Child and Family Law Quarterly 22(3): 371-375.
Chapter in book
- Fenwick, Helen & Hayward, Andy (2023). The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court. In Justice After Stonewall: LGBT Life between Challenge and Change. Behrens, Paul & Becker, Sean London: Routledge.
- Hayward, A. (2022). John Eekelaar's Contribution to Family Property: Reflections on 'A Woman's Place - A Conflict between Law and Social Values. In Family Matters: Essays in Honour of John Eekelaar. Scherpe, J.M. & Gilmore, S. Intersentia.
- Hayward, A. (2022). New Models of Registered Partnership Reform: Embracing Family Recognition beyond Marriage? In Exploring Norms And Family Laws Across The Globe. Breger, M. Lexington Publishers. 35-52.
- 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. London: 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). 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 (2018). Relationships between Adults: Marriage, Civil Partnerships and Cohabitation. In Family Law. Lamont, R Oxford University Press. 20-65.
- 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.
- Hayward, A (2013). Judicial Discretion in Ownership Disputes over the Family Home. PhD: 265.
- 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.
- Hayward, A. (2021). Mixed-Sex Civil Partnerships and Relationality: A Perspective from Law. Families, Relationships and Societies 10(1): 205-210.
- Hayward, A (2019). The Steinfeld Effect: Equal Civil Partnerships and the Construction of the Cohabitant. Child and Family Law Quarterly 31(4): 283-302.
- Hayward, A. (2019). Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development. Modern Law Review 82(5): 922-935.
- Hayward, A (2019). Taking the Time to Discriminate - R (on the application of Steinfeld and Keidan) v Secretary of State for International Development. Journal of Social Welfare and Family Law 41(1): 92-95.
- Fenwick, H & Hayward, A (2018). From same-sex marriage to equal civil partnerships: on a path towards ‘perfecting’ equality? Child and Family Law Quarterly 30(2): 97-120.
- Fenwick, H. & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review 2017(6): 544-563.
- Hayward, A. (2017). Justifiable Discrimination - The Case of Opposite-Sex Civil Partnerships. Cambridge Law Journal 76(2): 243-246.
- Hayward, A. (2016). Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice. The Conveyancer and Property Lawyer 80(3): 233-242.
- Hayward, A. (2016). Same-sex Registered Partnerships - A Right to be Recognised? Cambridge Law Journal 75(01): 27-30.
- Hayward, A. (2015). Cohabitants, detriment and the potential of proprietary estoppel: Southwell v Blackburn  EWCA Civ 1347. Child and Family Law Quarterly 27(3): 303-320.
- Hayward, A (2012). 'Family Property' and the Process of Familialisation of Property Law. Child and Family Law Quarterly 24(3): 284-303.
- Hayward, A. (2009). Family Values in the Home: Fowler v Barron. Child and Family Law Quarterly 21(2): 242-256.
Other (Digital/Visual Media)
- Hayward, A. (2022). Where Next for Cohabitation Reform in England and Wales? Financial Remedies Journal.
- 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 Gender Dimension of Prenuptial Agreements: Radmacher v Granatino. Inherently Human
- Hayward, A (2010). The Fairness in Enforcing a Broken Promise: Radmacher v Granatino and Prenuptial Agreements. Human Rights in Ireland
- Hayward, A (2009). Cohabitation in England and Wales: Lessons from Ireland? Human Rights in Ireland
- Hayward, A. (2021), Protecting Cohabiting Couples upon Relationship Breakdown, Family Law Reform Now. University of Birmingham, UK.
- Hayward, A. (2021), Mixed-Sex Civil Partnerships: Two Years On, Society of Legal Scholars Annual Conference. Durham University, UK.
- Hayward, A. (2021), Deploying Human Rights Arguments to Protect Cohabitants, Law and Society Association Annual Conference. Chicago.
- Hayward, A. (2021), ‘Wedded to Property’ How Property influences Understandings of Marriage, A Sacred Covenant. Northumbria University.
- 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 & 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 (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 (2019), Relationships with Status: Introducing Equal Civil Partnerships in England and Wales, Cardiff Law School, Cardiff.
- Hayward, A (2018), The Relationship between Equal Civil Partnerships and Cohabitation Reform, Resolution Seminar. London.
- Hayward, A (2018), Equal Civil Partnerships and their Impact on Cohabitation Reform, Changing Family Forms. University of Edinburgh, Scotland.
- 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 (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 & 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 (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. (2016), Cohabitation Disputes and the Reimagining of Proprietary Estoppel, Association of Law, Property and Society. Queen's University Belfast, Belfast
- Hayward, A (2015), The Future of Civil Partnerships, The Society of Legal Scholars Annual Conference. York Law School, United Kingdom.
- 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 (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. (2014), Judicial Discretion in Ownership Disputes over the Family Home, Association of Law, Property and Society. University of British Columbia, Vancouver, Canada.
- 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 (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 (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.