Unreasonable behaviour: Owens v Owens highlights that divorce law is no longer fit for purpose – Family Law

Posted June 20th, 2018 in divorce, marriage, news by sally

‘It will come as a surprise to many that the divorce law in England and Wales has not changed during the past 45 years or so despite the numerous social changes which have occurred since then.’

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Family Law, 19th June 2018

Source: www.familylaw.co.uk

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘On 17 May, the Supreme Court heard the case of Owens v Owens . It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

Ending a marriage in the 21st century, a look beyond no fault divorce – Family Law Week

Posted June 14th, 2018 in divorce, marriage, news by tracey

‘Sophie Crampton, Pupil, Coram Chambers makes the case for reform of the law of divorce.’

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Family Law Week, 8th June 2018

Source: www.familylawweek.co.uk

The case of Re X (A Child – foreign surrogacy) – the distracting power of ‘sex’ – but what does it really tell us? – Family Law

Posted April 4th, 2018 in foreign jurisdictions, marriage, news, surrogacy by sally

‘The legal media was quick to jump on the case of Re X (A Child – Foreign Surrogacy) [2018] EWFC 15) to highlight the reference in Sir James Munby’s judgment to the sexual relationship (or rather, the lack of one) in the marriage between the two applicants in this case of a parental order application following a surrogacy arrangement. Very little information as to the parties’, their child’s or their surrogate’s personal circumstances is given in the judgment, although those wishing for details will no doubt have been left reeling for more from the information that was given: the parties are married yet one is gay (the judgment implies that the other is not) and that at least some if not all of their time is spent living in different homes.’

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Family Law, 4th April 2018

Source: www.familylaw.co.uk

Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 23rd, 2018 in divorce, judges, marriage, news, reasons by tracey

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

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Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

Gay priest Jeremy Pemberton’s discrimination appeal dismissed – BBC News

‘A gay clergyman stopped from becoming a hospital chaplain has lost his appeal over a discrimination claim against the Church of England.’

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BBC News, 22nd March 2018

Source: www.bbc.co.uk

Consummation and the validity of marriage: X (A Child: foreign surrogacy) – Law & Religion UK

Posted March 21st, 2018 in foreign jurisdictions, marriage, news, surrogacy by tracey

‘Is consummation necessary to render a marriage valid? “Yes”, assumed non-specialist ignoramuses (like me): “No”, says the President of the Family Division.
In X (A Child: foreign surrogacy) [2018] EWFC 15, Sir James Munby P had been asked to make a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008, which requires that the applicants “must be … husband and wife”.’

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Law & Religion UK, 19th March 2018

Source: www.lawandreligionuk.com

Sharia law review recommends civil marriage alongside religious ceremony – Family Law

Posted February 5th, 2018 in Islam, islamic law, marriage, news by sally

‘An independent review into the application of sharia law in England and Wales published by the Home Office has recommended that Muslim couples must undergo a civil marriage alongside a religious ceremony, in a move expected to give Muslim women increased legal protection.’

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Family Law, 5th February 2018

Source: www.familylaw.co.uk

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

Both parents’ names to be recognised in marriage – BBC News

Posted February 5th, 2018 in bills, documents, marriage, news, parental rights by sally

‘Ministers have backed calls for mothers’ names to be put on marriage certificates in England and Wales.’

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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

Unregistered marriages – time to register calls for law reform? – Family Law

Posted December 5th, 2017 in Islam, islamic law, marriage, news by tracey

‘Planning a dream wedding can be hugely stressful at the best of times. At the worst of times, however, the dream can turn to a nightmare for some Muslim women who may later realise that their marriage is not recognised as valid under English law.’

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Family Law, 4th December 2017

Source: www.familylaw.co.uk

Proposed law would add mothers’ names to marriage certificates in England and Wales – The Guardian

Posted November 27th, 2017 in bills, documents, marriage, news, women by sally

‘Mothers’ names could be added to marriage certificates for the first time if a cross-party group of MPs succeed in changing the wording on the documents, which campaigners say are no longer fit for modern times.’

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The Guardian, 26th November 2017

Source: www.theguardian.com

Cohabiting couples warned of ‘common law marriage’ myths – BBC News

Posted November 27th, 2017 in cohabitation, financial provision, marriage, news, statistics by sally

‘Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.’

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BBC News, 27th November 2017

Source: www.bbc.co.uk

British law must recognise Muslim marriage ceremonies – The Guardian

Posted November 23rd, 2017 in human rights, marriage, news, religious discrimination, women by sally

‘If the UK could do it for Quakers 250 years ago, is it too much to ask parliament to consider the needs of newer faith communities?’

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The Guardian, 22nd November 2017

Source: www.theguardian.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

Most women in UK who have Islamic wedding miss out on legal rights

Posted November 21st, 2017 in divorce, islamic law, marriage, news, women by sally

‘Six in 10 women in the UK who have had a traditional Muslim wedding ceremony are not in legally recognised marriages, depriving them of rights and protection, according to a survey.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

Government: ‘now is not the right time’ for review of marriage law – Family Law

‘The Government has informed the Law Commission that ‘now is not the right time’ for a full review of marriage law.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk