Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

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Family Law, 13th November 2018

Source: www.familylaw.co.uk

Opinion: Let’s end the civil partnership ban on these devoted, long-term, cohabiting people – Family Law

Posted October 29th, 2018 in bills, civil partnerships, cohabitation, news by sally

‘Tomorrow [26 October], Tim Loughton will seek, through an amendment to his private members’ bill, to speed through legislation to allow mixed sex couples who disapprove of marriage to register as civil partners instead. Gay couples already have the option of marriage or civil partnership; for straight couples, it’s marriage or nothing, writes Catherine Utley, a former Senior Broadcast Journalist at BBC World Service News.’

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Family Law, 25th October 2018

Source: www.familylaw.co.uk

The inheritance tax burden and civil partnerships for cohabiting siblings: right idea, wrong approach? – Family Law

‘Family Law in Partnership director David Allison and associate Carla Ditz re-examine how and why civil partnerships came into being, the successful campaign to allow heterosexual couples to enter into a civil partnership and the proposals for 2committed siblings” to be able to form civil partnerships.’

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Family Law, 24th October 2018

Source: www.familylaw.co.uk

Reflections on the state of family law – Family Law

‘This year has seen momentum grow towards family law reform following a series of landmark Supreme Court decisions. Until now, this has not prompted the government to change the law, with ministers instead opting to take soundings.’

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Family Law, 5th October 2018

Source: www.familylaw.co.uk

Government announces civil partnerships for mixed-sex couples – Family Law

‘The Government has announced its intention to introduce civil partnerships for heterosexual couples in England and Wales as an alternative to getting married, saying that the move will provide greater security for unmarried couples and their families.’

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Family Law, 2nd October 2018

Source: www.familylaw.co.uk

Speech by Dr Victoria McCloud, Master of the Senior Courts: Rainbow Lives, Monochrome Laws – Reflections on law and identity – Courts and Tribunals Judiciary

‘Speech by Dr Victoria McCloud, Master of the Senior Courts: Rainbow Lives, Monochrome Laws – Reflections on law and identity.’

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Courts and Tribunals Judiciary, 21st August 2018

Rise in deathbed weddings prompts call to protect cohabiting couples – The Guardian

Posted August 20th, 2018 in civil partnerships, cohabitation, marriage, news by sally

‘The government is being urged to provide legal protection to millions of cohabiting couples as evidence emerges of an increase in the number of civil partnerships and deathbed weddings.’

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The Guardian, 18th August 2018

Source: www.theguardian.com

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

‘The Supreme Court issued a unanimous landmark judgement declaring that the provisions in the Civil Partnership Act 2004 preventing opposite sex couples from entering into a civil partnership is incompatible with the European Convention on Human Rights.’

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Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub

Posted July 3rd, 2018 in appeals, civil partnerships, equality, human rights, news, Supreme Court by sally

‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’

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Oxford Human Rights Hub, 2nd July 2018

Source: ohrh.law.ox.ac.uk

Steinfeld and Keidan: what happens next? – Family Law

‘Five Supreme Court Justices have ruled in favour of a heterosexual couple whose three and a half year legal campaign challenged legislation preventing opposite-sex couples from entering into a civil partnership. The court unanimously agreed that the Civil Partnership Act 2004 is ‘incompatible’ with the European Convention on Human Rights as it applies only to same-sex couples and therefore amounted to discrimination.
This judgment will likely put the Government under significant pressure to change the law and allow heterosexual couples to become civil partners. Currently, opposite-sex couples may only marry, whilst same-sex couples may opt to marry or enter into a civil partnership.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk

Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32 – Supreme Court Blog

‘Often, the road to equality is long and arduous, just ask the same-sex couples who had to wait until the Marriage (Same Sex Couples) Act 2013 for recognition of the right to marry or those whose right to legal recognition will still feel a long way off. On any view, the road to equality in civil partnerships will be shorter. But that route has had its own difficulties and the significance of the success of this appeal should not be underestimated.’

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Supreme Court Blog, 28th June 2018

Source: ukscblog.com

Supreme Court declares Civil Partnership Act 2004 incompatible with human rights law – Family Law

‘The Supreme Court has ruled unanimously that lack of provision in the Civil Partnership Act 2004 for opposite-sex couples to enter into a civil partnership is incompatible with human rights law.’

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Family Law, 27th June 2018

Source: www.familylaw.co.uk

The ‘straight civil partnership’ challenge: All you need to know before the Supreme Court Judgment – UK Human Rights Blog

‘The Supreme Court will hand down Judgment on Wednesday 27th June 2018 in R (on the application of Steinfeld and another) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary).’

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UK Human Rights Blog, 25th June 2018

Source: ukhumanrightsblog.com

Ban on heterosexual civil partnerships in UK ruled discriminatory – The Guardian

‘A heterosexual couple who were denied the right to enter into a civil partnership have won their claim at the UK’s highest court that they have suffered discrimination.’

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The Guardian, 27th June 2018

Source: www.theguardian.com

Should civil partnerships only be available to same sex couples? – UK Human Rights Blog

Posted May 15th, 2018 in civil partnerships, equality, human rights, news by sally

‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’

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UK Human Rights Blog, 13th May 2018

Source: ukhumanrightsblog.com

UK plan to extend civil partnerships revealed in government report – The Guardian

Posted May 14th, 2018 in civil partnerships, news, sexual orientation discrimination by sally

‘A confidential report drawn up for the former equalities minister Justine Greening proposed extending civil partnerships to opposite-sex couples and building “a consensus for legislation”, according to internal policy documents seen by the Guardian.’

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The Guardian, 13th May 2018

Source: www.theguardian.com

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill – Law & Religion UK

Posted February 5th, 2018 in amendments, bills, civil partnerships, marriage, news, select committees by sally

‘The Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill was read a second time yesterday, 2 February, with qualified Government support: the Member in charge of the bill, Tim Loughton, had evidently come to an agreement with the Home Office about amendments to be tabled in committee.’

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Law & Religion UK, 3rd February 2018

Source: www.lawandreligionuk.com

Civil partnerships: Couples tell us why they want one – BBC News

Posted February 5th, 2018 in civil partnerships, equality, marriage, news by sally

‘Heterosexual couples might be able to access civil partnerships, as the government reviews the law that currently only applies to homosexual couples.’

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BBC News, 2nd February 2018

Source: www.bbc.co.uk

English civil partnership may not be recognised abroad – Family Law

‘As England debates the future status, role and purpose of civil partnership, its cross-border status should be brought into account. Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries. The civil partners have no different status in law to cohabitants in those countries. This places them in a real difficulty. A little-known and surprising piece of law may come to their aid. But should civil partnerships be continued now there is same-sex marriage including in view of the position abroad?’

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Family Law, 26th January 2018

Source: www.familylaw.co.uk

Michal Hain: Past is Prologue – The Role of History in the Law of Equality – UK Constitutional Law Association

Posted January 9th, 2018 in appeals, civil partnerships, equality, marriage, news by sally

‘The legal institution whereby couples express their mutual commitment, which is recognised, protected and regulated by the state – marriage – touches the most intimate parts of people’s lives. Its recent transformation raised profound questions of personal morality, human dignity, and religious doctrine. As the tide of public opinion turned, Parliament repealed section 28 of the Local Government Act 1988 (which had prohibited the “promot[ion] of homosexuality” and the “teaching in any maintained school the acceptability of homosexuality”) in 2003, passed the Civil Partnerships Act the following year, and enacted the Marriage (Same Sex Couples) Act in 2013. The result is that same-sex couples can currently choose between entering a civil partnership or marriage, whereas different-sex couples cannot.’

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UK Constitutional Law Association, 9th January 2018

Source: ukconstitutionallaw.org