Staff profile

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 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.

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 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.

Administration

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
• Legal History
• Trusts and Equity

Book review

• 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), Article ebaa014. https://doi.org/10.1093/lawfam/ebaa014
• Hayward, A. (2016). Prenuptial agreements and the presumption of free choice : issues of power in theory and practice. Journal of Social Welfare and Family Law, 480-482. https://doi.org/10.1080/09649069.2016.1239600
• 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. (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

• Hayward, A. (in press). Registered Partnerships in England and Wales. In J. Scherpe, & A. Hayward (Eds.), The Future of Registered Partnerships - Family Recognition beyond Marriage? (187-224). Intersentia
• Hayward, A. (in press). Relationships between Adults: Marriage, Civil Partnerships and Cohabitation. In R. Lamont (Ed.), Family Law (20-65). Oxford University Press
• Hayward, A. (in press). Legal Relationships between Adults and Children in England and Wales. In J. Sosson, G. Willems, & G. Motte (Eds.), Adults and Children in Postmodern Societies (219-248). Intersentia
• Hayward, A. (in press). The Married Women's Property Act 1882. In R. Auchmuty, & E. Rackley (Eds.), Women's Legal Landmarks: Celebrating 100 Years of Women and Law in the UK and Ireland (71-76). Hart Publishing
• Fenwick, H., & Hayward, A. (2023). The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court. In P. Behrens, & S. Becker (Eds.), Justice After Stonewall: LGBT Life between Challenge and Change. Routledge. https://doi.org/10.4324/9781003286295-13
• Hayward, A. (2022). John Eekelaar's Contribution to Family Property: Reflections on 'A Woman's Place - A Conflict between Law and Social Values. In J. Scherpe, & S. Gilmore (Eds.), Family Matters: Essays in Honour of John Eekelaar. Intersentia
• Hayward, A. (2022). New Models of Registered Partnership Reform: Embracing Family Recognition beyond Marriage?. In M. Breger (Ed.), Exploring Norms And Family Laws Across The Globe (35-52). Lexington Publishers
• Hayward, A. (2020). Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage. In F. Hamilton, & G. Noto La Diega (Eds.), Same-Sex Relationships, Law and Social Change (189-208). Routledge. https://doi.org/10.4324/9780429021589
• Hayward, A. (2017). The Future of Civil Partnerships in England and Wales. In J. Scherpe, & A. Hayward (Eds.), The Future of Registered Partnerships - Family Recognition beyond Marriage? (527-559). Intersentia
• Hayward, A. (2017). 'Family Property' and the Process of Familialisation of Property Law. In R. Leckey (Ed.), Marital Rights (265-287). Ashgate Publishing
• Fenwick, H. (2017). An ECHR right to access a registered partnership?. In A. Hayward, & J. Sherpe (Eds.), The Future of Registered Partnerships (471-496). Intersentia. https://doi.org/10.1017/9781780686325.020
• Hayward, A. (2013). Finding a Home for 'Family Property': Stack v Dowden & Jones v Kernott. In N. Gravells (Ed.), Landmark Cases in Land Law (229-252). Hart Publishing
• Hayward, A. (2012). ‘The ‘Context’ of Home: Cohabitation and Ownership Disputes in England and Wales’. In M. Diamond, & T. Turnipseed (Eds.), Community, Home and Identity (179-206). Ashgate Publishing

Doctoral Thesis

• Hayward, A. Judicial Discretion in Ownership Disputes over the Family Home. (Thesis). [Awarding Organisation: Unknown]. Retrieved from https://durham-repository.worktribe.com/output/1647345

Edited book

• Scherpe, J., & Hayward, A. (Eds.). (in press). The Legal Status of De Facto Relationships. Intersentia
• Briggs, M., & Hayward, A. (Eds.). (in press). Research Handbook on Family Property and the Law. Edward Elgar Publishing
• Scherpe, J., & Hayward, A. (Eds.). (2017). The Future of Registered Partnerships - Family Recognition beyond Marriage?. Intersentia. https://doi.org/10.1017/9781780686325

Journal Article

• Hayward, A. (2021). Mixed-Sex Civil Partnerships and Relationality: A Perspective from Law. Families, Relationships and Societies, 10(1), 205-210. https://doi.org/10.1332/204674320x16062294691475
• 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). 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. https://doi.org/10.1080/09649069.2019.1554795
• 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. https://doi.org/10.1111/1468-2230.12437
• 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. https://doi.org/10.1017/s0008197317000502
• Hayward, A. (2016). Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice. 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. https://doi.org/10.1017/s0008197316000179
• Hayward, A. (2015). Cohabitants, detriment and the potential of proprietary estoppel: Southwell v Blackburn [2014] 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. (in press). Income, troubles and legal family formats in the UK: England and Wales. [Dataset]
• Hayward, A. (in press). Migration and legal family formats in the UK: England and Wales. [Dataset]
• Hayward, A. (in press). Death and legal family formats in the UK: England and Wales. [Dataset]
• Hayward, A. Where Next for Cohabitation Reform in England and Wales? Financial Remedies Journal. [[Media unknown]]
• Fenwick, H., & Hayward, A. (in press). Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan. UK Human Rights Blog. [[Media unknown]]
• Hayward, A. (2014). Conscious Uncoupling and the Sanitisation of Divorce. [[Media unknown]]
• Hayward, A. (2010). The Gender Dimension of Prenuptial Agreements: Radmacher v Granatino. [[Media unknown]]
• Hayward, A. (2010). The Fairness in Enforcing a Broken Promise: Radmacher v Granatino and Prenuptial Agreements. [[Media unknown]]
• Hayward, A. (2009). Cohabitation in England and Wales: Lessons from Ireland?. [[Media unknown]]

Presentation

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