Bereavement payments for co-habiting couples urged – BBC News
‘A landmark legal case has found denying bereavement payments to co-habiting couples is against human rights law.’
BBC News, 7th February 2020
Source: www.bbc.co.uk
Category: cohabitation
The House of Lords on marriages and sharia law – Law & Religion UK
‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:
“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’
Law & Religion UK, 24th October 2019
Source: www.lawandreligionuk.com
Widow’s fight to get partner’s name on birth certificate- BBC News
‘A woman whose partner died while she was pregnant has said she suffered “emotional trauma” fighting through the courts to put his name on their child’s birth certificate.’
BBC News, 27th September 2019
Source: www.bbc.co.uk
Cohabiting with a partner: protecting assets – Family Law
‘Press reports of Boris Johnson and his partner arguing days before moving into No. 10 together has raised questions about the longevity of their cohabitation. However, with the number of cohabiting couples continuing to increase, how can lawyers advise those who choose to move in together protect their assets in the case of a breakup? Carrie Symonds is the first ‘unmarried’ PM partner to reside at Downing Street – confirmation, if we needed it, that couples choosing to simply cohabit (rather than marry before living together) is becoming the norm. Marriage is no longer the main priority for every couple, with many considering living together, commitment enough. As well as cohabiting being deemed as more socially acceptable than ever before, it has practical appeal too. For many, allowing the financial responsibility of owning and running a household to be shared can make a lot of sense, until a relationship breakdown.’
Family Law, 12th September 2019
Source: www.familylaw.co.uk
Service by Whatsapp? – Family Law
‘In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.’
Family Law, 4th September 2019
Source: www.familylaw.co.uk
Financial Remedy Update, September 2019 – Family Law Week
‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’
Family Law Week, 6th September 2019
Source: www.familylawweek.co.uk
Woman wins right to late partner’s military pension in landmark ruling – BBC News
‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’
BBC News, 17th July 2019
Source: www.bbc.co.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
‘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.’
Transparency Project, 26th March 2019
Source: www.transparencyproject.org.uk
Midwife wins legal battle with CEO ex over £1m home after he promised her half of property in pub – Daily Telegraph
‘A midwife has beaten her CEO ex-partner in a legal battle over their £1 million home, after a High Court judge agreed he promised her half the property during a conversation in the pub 13 years ago.’
Daily Telegraph, 14th March 2019
Source: www.telegraph.co.uk
Spousal maintenance orders: a meal ticket for life? – Family Law
‘According to Sara Hunt, a knowledge lawyer at Farrer & co, the recent decision of the Supreme Court in Mills v Mills has highlighted the current debate regarding spousal maintenance in England and Wales. Press headlines have focused on the apparent “meal ticket for life” that such orders are said to provide.’
Family Law, 25th February 2019
Source: www.familylaw.co.uk
Blog: Divorce and the Muslim community – Family Law
‘Solicitor advocate and law writer David Burrows writes that to define a valid marriage in English law is by no means obvious.’
Family Law, 7th February 2019
Source: www.familylaw.co.uk
Case Comment: In the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 – UKSC Blog
‘It may seem somewhat Dickensian that an unmarried parent would be ineligible for social benefits as a widow/er upon the death of their partner and co-parent, but that was the situation created by the legislation challenged in Re Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 (Lady Hale, Lord Mance, Lord Kerr, Lord Hodge and Lady Black). The issue under scrutiny was entitlement to widowed parent’s entitlement (WPA). WPA is a contributory social security benefit payable to parents of dependent children who are widowed; but, at the time of the claim, a widowed parent was only eligible for WPA if at the time of the death, s/he was married to, or the civil partner of, the deceased [para 1 of the judgment]. The appellant, who had four dependent children with her deceased partner, but had never married him, argued that this requirement discriminated against the survivor and/or the children on the basis of their marital or birth status, contrary to ECHR, art 14. The Supreme Court allowed the appeal majority of 4 to 1 (Lord Hodge dissenting) and made a declaration that s 39A is incompatible with ECHR, art 14 read with art 8, insofar as it precludes any entitlement to WPA by a surviving unmarried partner of the deceased.’
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.’
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.’
Family Law, 13th November 2018
Source: www.familylaw.co.uk
Unmarried couples’ entitlements and cohabitation agreements – Family Law
‘The number of cohabitating families has increased by almost 30% in the last decade, which has led to a rise in complex legal disputes after a break-up. It is a common misconception that cohabitants possess the same legal rights and obligations as a married couple or a civil partnership. There is no such thing as a “common law” husband or wife in the eyes of the Court and therefore it is important that cohabitants are aware of their rights, according to Danielle Bentley, a solicitor at Herrington & Carmichael LLP.’
Family Law, 29th October 2018
Source: www.familylaw.co.uk
Opinion: Let’s end the civil partnership ban on these devoted, long-term, cohabiting people – Family Law
‘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.’
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.’
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.’
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.’
Family Law, 2nd October 2018
Source: www.familylaw.co.uk
Bereaved mother entitled to widow allowance – Supreme Court – UK Human Rights Blog
‘An unmarried mother has won a landmark Supreme Court case which could allow cohabitees to claim Widowed Parent’s Allowance, a benefit previously only applicable to married parents.’
UK Human Rights Blog, 31st August 2018
Source: ukhumanrightsblog.com
