Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by tracey

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

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Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

Woman sentenced for faking terminal illness to con charity into paying for her wedding – Crown Prosecution Service

‘A woman who claimed she had terminal cancer so she could con a small charity into paying for a wedding ceremony has today been sentenced.’

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Crown Prosecution Service, 16th August 2019

Source: www.cps.gov.uk

Enforcing the registration of marriages – lessons from Scotland – Law & Religion UK

Posted August 14th, 2019 in marriage, news, registrars, Scotland by michael

‘An understandable degree of disquiet has been generated by the mistaken suggestion that couples who do not register their completed marriage document within seven days of the wedding will be subject to a significant fine. This has been widely reported and follows from an update of the meeting between the Church of England and Church in Wales, and the General Register Office (GRO). The information provided to this meeting appears to be based upon a misunderstanding or a misinterpretation of the intentions of the provisions within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.’

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Law & Religion UK, 14th August 2019

Source: www.lawandreligionuk.com

Forthcoming JCPC challenge to same-sex marriage prohibition in Bermuda – Law & Religion UK

‘Does a law prohibiting same-sex marriage violate the right to manifest one’s religion or belief? This novel argument will soon be tested in the Judicial Committee of the Privy Council (JCPC), where the Government of Bermuda will be appealing against successive decisions by the island’s first instance and appellate courts to strike down legislation which prohibited same-sex marriage.’

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Law & Religion UK, 30th July 2019

Source: www.lawandreligionuk.com

Lady Hale speaks on the evolution of the concepts of marriage and family – Family Law

Posted July 15th, 2019 in families, marriage, news, surrogacy by tracey

‘Lady Hale, President of the Supreme Court, has given a speech at the International Centre for Family Law, Policy and Practice on the subject of ‘What is a 21st Century Family?’. In her speech, given on 1 July but published yesterday by the Supreme Court, Lady Hale considers the evolution of the concept and history of the institution of marriage and the changes to the role of the family.’

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Family Law, 10th July 2019

Source: www.familylaw.co.uk

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

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

Minister apologises to couple wrongly accused of sham marriage – The Guardian

‘A Home Office minister has apologised to a couple wrongly accused of entering a sham marriage, amid condemnation by politicians and human rights campaigners over the treatment of genuine couples.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

Equal marriage in the Church of England – Law & Religion UK

Posted April 12th, 2019 in Church of England, equality, gender, homosexuality, marriage, news by sally

‘On Friday 12 April, a new campaign was launched with aim of changing the teaching and practice of the Church of England to allow all couples to marry in church, regardless of their gender, sex or sexuality.’

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Law & Religion UK, 12th April 2019

Source: www.lawandreligionuk.com

Solicitor caught in TV sham marriage sting struck off – Legal Futures

Posted April 9th, 2019 in disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘A solicitor who was recorded by an undercover reporter giving advice on what he knew was a sham marriage has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 9th April 2019

Source: www.legalfutures.co.uk

The rise of ‘predatory marriages’ – Family Law

Posted March 29th, 2019 in bereavement, consent, elderly, families, intestacy, marriage, mental health, news, wills by tracey

‘Ethan Axelrod and Hayley Trim of Irwin Mitchell look at how vulnerable parents and a legal loophole are being exploited to rob families of their inheritance.’

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Family Law, 29th March 2019

Source: www.familylaw.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

No Fault divorces: a new reality? – Family Law

Posted March 7th, 2019 in consultations, divorce, families, marriage, news, reasons by tracey

‘Following mounting criticism from campaigners, the UK could witness the arrival of ‘no-fault divorces’ in the coming months, writes LexisNexis’ Catherine Gleave. The government is preparing a consultation to review the current divorce system, with a view to introduce a reform offer to estranged couples and give them the opportunity to end their marriage without the acrimony of fault-finding divorce proceedings. With such monumental change on the horizon, we discuss the impact of no-fault divorces and make predictions about what the change could mean for the legal world.’

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Family Law, 6th March 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.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Criminalising imams will not solve the problem of unregistered marriages – Family Law

Posted January 15th, 2019 in bills, Islam, marriage, news, registrars by tracey

‘In this post Russell Sandberg, Professor of Law at Cardiff University, questions the current proposal for celebrants to face criminal penalties if they fail to ensure the marriage is also civilly registered. He argues that this will not cure concerns about unregistered religious marriages but rather underlines the need for comprehensive reform.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Are English marriage laws compliant with the EHCR? — David Burrows – UK Human Rights Blog

Posted December 18th, 2018 in divorce, human rights, marriage, news by sally

‘On 10 December 2018 responses were due to the government’s divorce reform proposals, Reducing family conflict Reform of the legal requirements for divorce (September 2018). A reply to responses is due from the Government, says the Ministry of Justice, by 8 March 2019.’

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UK Human Rights Blog, 17th December 2018

Source: ukhumanrightsblog.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

Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog

‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’

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UKSC Blog, 12th November 2018

Source: ukscblog.com