Retained Worker Status: When Does an EEA Student Remain a Worker for the Purposes of the EEA Regulations? – Drystone Chambers

Posted December 8th, 2017 in civil partnerships, EC law, education, immigration, news by sally

‘I was recently instructed by Sterling & Law LLP in an EEA appeal against the refusal of permanent residence. The Appellant was a non-EEA national in a civil partnership with her wife, an EEA national. The Appellant sought to establish that she was entitled to permanent residence having lived in the UK in accordance with the EEA Regulations for five years.’

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Drystone Chambers, 1st December 2017

Source: drystone.com

Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

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UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com

Supreme Court to hear appeal on opposite-sex civil partnerships – Law & Religion UK

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. Rebecca Steinfeld and Charles Keidan have sought judicial review of that provision and have been unsuccessful both at first instance and in the Court of Appeal.’

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Law & Religion UK, 22nd August 2017

Source: www.lawandreligionuk.com

Heterosexual couple take civil partnership case to Supreme Court – BBC News

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court.’

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BBC News, 22nd August 2017

Source: www.bbc.co.uk

Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by tracey

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’

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Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

Civil Partnerships and Marriage: Labels or a state of mind? – Family Law Week

Posted March 17th, 2017 in civil partnerships, marriage, news by tracey

‘David Bedingfield, barrister, 4 Paper Buildings, traces the development of the law relating to marriage and civil partnership up to and including the Court of Appeal’s recent judgment in Steinfeld & Keidan.’

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update March 2017 – Family Law Week

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2017.’

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Mixed-sex civil partnerships make sense. Here’s why – video – The Guardian

Posted March 1st, 2017 in civil partnerships, news by sally

‘Technology reporter Alex Hern and his female partner do not want to get married, because of the patriarchal roots of the institution. They would be prepared to get a civil partnership, but this ceremony is only open to same-sex couples. Here he explains why the rights offered by this alternative should be extended to couples like his.’

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The Guardian, 1st March 2017

Source: www.guardian.co.uk

Where in Europe a man and woman can get a civil partnership – BBC News

Posted February 23rd, 2017 in civil partnerships, foreign jurisdictions, news by sally

‘People in the UK have been wondering where in Europe opposite-sex couples can choose civil partnership over marriage after a British heterosexual couple lost their legal fight to choose civil union.’

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BBC News, 22nd February 2017

Source: www.bbc.co.uk

Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

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Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com

Should heterosexual couples be allowed to enter civil partnerships? – The Guardian

‘A heterosexual couple who labelled traditional marriage as a “sexist” and “patriarchal” institution, have lost their appeal to enter into a civil partnership.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Court rules against heterosexual couple who wanted civil partnership – The Guardian

‘A legal challenge aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the court of appeal, according to equal rights campaigners.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Appeal court to rule on civil partnerships for heterosexual couples – The Guardian

Posted February 21st, 2017 in appeals, civil partnerships, equality, news, sexual orientation discrimination by sally

‘The appeal court is to decide whether opposite-sex couples can enter civil partnerships – without running away to the Isle of Man.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Finance and Divorce Update November 2016 – Family Law Week

‘Claire Molyneux, Senior Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during October 2016.’

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Family Law Week, 13th November 2016

Source: www.familylawweek.co.uk

UK court to hear appeal about civil partnerships for straight couples – The Guardian

Posted October 31st, 2016 in civil partnerships, equality, news by sally

‘A couple who have been living together for the past six years will this week demand the right to a civil partnership, arguing that they face discrimination under the present law, which gives gay couples the option of marriage or a civil partnership but denies the latter to heterosexual couples.’

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The Guardian, 30th October 2016

Source: www.guardian.co.uk

First heterosexual UK couple in civil partnership urge government to end ban – The Guardian

Posted October 21st, 2016 in civil partnerships, human rights, news by sally

‘The first UK-based opposite-sex couple to enter into a civil partnership in the British Isles have called on the government to make the process available to all couples, regardless of sexuality.’

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The Guardian, 21st October 2016

Source: www.guardian.co.uk

The Family Justice Council Guide to Sorting Out Finances on Divorce – Family Law Week

‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.’

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Family Law Week, 14th April 2016

Source: www.familylawweek.co.uk

In re G (Human Fertilisation and Embryology Act 2008) – WLR Daily

In re G (Human Fertilisation and Embryology Act 2008) [2016] EWHC 729 (Fam)

‘The applicant, X, who was at all material times in a same-sex relationship with Y, was the biological mother of twins, born as a result of IVF treatment provided by a licensed fertility clinic to Y, the gestational mother and the twins’ legal parent. Y was at all material times in a civil partnership with, though separated from, another woman who was not a party to the proceedings. Y, as the gestational mother, should have signed Form WP, and X, as her partner, should have signed Form PP. In fact, and as a result of what was accepted to have been errors by the clinic, Y completed and signed a Form PP and X completed and signed a Form WP. A similar mistake was made in relation to the Form IC signed by both Y and X. X, supported by Y, sought a declaration pursuant to section 55A of the Family Law Act 1986 that she was, in accordance with section 43 of the Human Fertilisation and Embryology Act 2008, the legal parent of the twins and in the circumstances it was common ground that X was entitled to the relief she sought. The issues were: (1) whether that was a conclusion that the court could come to simply by a process of construction or whether the proper form of order was a decree of rectification and (2) arising out of the fact that Y was at all material times in a civil partnership with another woman, the potential impact of section 42(1) of the Human Fertilisation and Embryology Act 2008 which provided: “If at the time of the placing in her of the embryo or the sperm and eggs or of her artificial insemination, W was a party to a civil partnership or a marriage with another woman, then subject to section 45(2) to (4), the other party to the civil partnership or marriage is to be treated as a parent of the child unless it is shown that she did not consent to the placing in W of the embryo or the sperm and eggs or to her artificial insemination … ”’

WLR Daily, 6th April 2016

Source: www.iclr.co.uk

Sorting Out Finances on Divorce – Courts and Tribunals Judiciary

Posted April 8th, 2016 in civil partnerships, divorce, financial provision, married persons, news by tracey

‘This guide provides information for separating couples who are negotiating their own financial agreements on divorce or dissolution of a civil partnership. It provides a succinct summary of the law to help those who do not have access to legal advice to reach financial agreements without the need to go to court.’

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Courts and Tribunals Judiciary, 5th April 2016

Source: www.judiciary.gov.uk

Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

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UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com