Civil partnerships legislation – unfinished business – Law & Religion UK

The draft Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the Regulations”) was the first item of the secondary legislation within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (“the Act”) to achieve the necessary approval of both Houses under the affirmative resolution procedure. It was also the last item of debated business before parliament was dissolved on 6 November. Through section 2(2) of the Act the regulations were subject to a “sunset clause” which required them to be in force by the end of December, and as such, only limited time was available for its scrutiny and approval; this left a number of items of unfinished business, and these are summarized below.

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Law & Religion UK, 18th November 2019

Source: www.lawandreligionuk.com

Heterosexual couples may be allowed to convert marriages to civil unions – The Guardian

Posted July 11th, 2019 in civil partnerships, equality, marriage, news by sally

‘All heterosexual couples in England and Wales will be offered the chance to “convert” their marriages to civil partnerships, or vice versa, under plans being considered by ministers.’

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The Guardian, 10th July 2019

Source: www.theguardian.com

Financial Remedy & Divorce Update, June 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.’

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Family Law Week, 20th June 2019

Source: www.familylawweek.co.uk

Private Lives and Public Sorrows – Family Law Week

‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’

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Family Law Week, 30th April 2019

Source: www.familylawweek.co.uk

New Acts – legislation.gov.uk

Posted March 27th, 2019 in bereavement, civil partnerships, health, legislation, marriage by tracey

Healthcare (European Economic Area and Switzerland Arrangements) Act 2019

Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019

Source: www.legislation.gov.uk

How far should family law reflect modern family life? The case of cohabitation, equal civil partnerships and the common law marriage myth – Transparency Project

Posted March 27th, 2019 in bills, civil partnerships, cohabitation, equality, families, marriage, news, statistics by sally

‘There is no longer just one way of ‘doing’ family in modern Britain. With much greater gender equality and social acceptance of different family forms, how we organise family life and our personal relationships has changed considerably in recent times. In some ways, the law in England and Wales has kept pace with change – same-sex civil partnerships in 2004 and same-sex marriage in 2013 are shining examples of progressive legislative landmarks. Yet we have witnessed clear policy reluctance to offer legal protection to opposite-sex couples who reject marriage, despite Law Commission recommendations in 2007 and despite many other countries including Scotland, Ireland, Australia and New Zealand having reformed their cohabitation law.’

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Transparency Project, 26th March 2019

Source: www.transparencyproject.org.uk

Opposite sex civil partnerships – Religion & Law UK

Posted March 26th, 2019 in bills, civil partnerships, marriage, news by sally

‘On 15 March, the Commons considered and agreed to the Lords Amendments to Tim Loughton’s Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, which now goes for Royal Assent. We noted that “at some point … the Government will bring forward proposals for a digital registration system and will be introducing Regulations for opposite sex civil partnerships”. Many (other) commentators were quick to suggest that the changes relating to civil partnerships, marriage certificates, &c had already been incorporated within the law. However, an examination of the Bill documents reveals that it is comprised of enabling provisions, and additional secondary legislation is necessary before any of its provisions pass into law.’

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Religion & Law UK, 26th March 2019

Source: www.lawandreligionuk.com

Proposed legislation to create heterosexual civil partnerships will still not create a “common law” marriage – Family Law

‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’

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Family Law, 22nd November 2018

Source: www.familylaw.co.uk

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