Appeal Court rules Islamic marriages invalid in UK – BBC News

Posted February 17th, 2020 in appeals, divorce, Islam, islamic law, marriage, news by sally

‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’

Full Story

BBC News, 14th February 2020

Source: www.bbc.co.uk

A novel approach to Get refusal: the use of the offence of coercive control to obtain a religious divorce – Oxford Human Rights Hub

Posted February 12th, 2020 in coercive & controlling behaviour, divorce, human rights, Judaism, marriage, news, women by sally

‘For Jewish women, obtaining a religious divorce (Get) can be life-changing. Women denied a Get are considered ‘chained’ to their husband, preventing them from re-marrying within the faith (whilst not affecting the husband’s ability to re-marry). The power to grant the Get is usually considered the unilateral right of the husband. Because a purely religious marriage is not recognised in England as a civil marriage, women have little recourse to the courts. So, what happens when a husband refuses to grant a religious divorce to his wife? For these women, their human rights to manifest their religion and to enter into marriages are denied, such that they cannot live fully as both religious individuals and bearers of human rights. However, a novel approach to this problem, a private prosecution for coercive control, could offer Jewish women an alternative avenue to protect their human rights.’

Full Story

Oxford Human Rights Hub, 4th February 2020

Source: ohrh.law.ox.ac.uk

Civil partnerships for heterosexual couples: what you need to know – Family Law

‘As of 31st December 2019, it is now possible for both same-sex and heterosexual couples to enter into a civil partnership. The institution was initially devised solely for same-sex couples through the Civil Partnership Act 2004; it was meant to be a distinct separate relationship status for same-sex couples akin, but different to, a marriage. This has now changed and moving into 2020, heterosexual couples may opt for a civil partnership instead of a marriage.’

Full Story

Family Law, 5th February 2020

Source: www.familylaw.co.uk

Humanist weddings and the Marriage (Approved Organisations) Bill – Law & Religion UK

Posted January 15th, 2020 in bills, equality, marriage, news by sally

‘On 9 January, Baroness Meacher introduced the Marriage (Approved Organisations) Bill in the House of Lords.’

Full Story

Law & Religion UK, 14th January 2020

Source: www.lawandreligionuk.com

Family Law Newsletter #32 – Spire Barristers

Posted January 9th, 2020 in care orders, civil partnerships, guardianship, marriage, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

Full Story

Spire Barristers, 6th January 2020

Source: spirebarristers.co.uk

Divorce reform swiftly returns to parliament – Law Society’s Gazette

Posted January 8th, 2020 in bills, divorce, marriage, news, reasons by sally

‘The government has swiftly put long-awaited divorce reform back on the agenda after reintroducing legislation to end what the justice secretary called ‘needless antagonism’.’

Full Story

Law Society's Gazette, 7th January 2020

Source: www.lawgazette.co.uk

Islamist fighter’s wife Amaani Noor guilty of £34 terror donation – BBC News

Posted December 13th, 2019 in families, internet, Islam, marriage, married persons, news, terrorism by sally

‘A woman who married an Islamist fighter online has been convicted of funding terrorism.‎’

Full Story

BBC News, 12th December 2019

Source: www.bbc.co.uk

Civil Partnerships – A new inequality created by the correction of an old one? – 5SAH

‘Civil partnerships are now to be open to all but the solution of that problem has led to another – while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.’

Full Story

5SAH, 9th December 2019

Source: www.5sah.co.uk

British women ‘being forced into polygamous relationships’ because law lets them down, campaigners say – The Independent

Posted November 25th, 2019 in islamic law, marriage, married persons, news, women by sally

‘British women are increasingly being pressured into polygamous relationships or left without child support when relationships break up because UK law does not offer adequate protection to spouses in religious marriages, campaigners have warned.’

Full Story

The Independent, 25th November 2019

Source: www.independent.co.uk

High Court rules marriage between trans man and woman invalid by as both were legally female during ceremony – Daily Telegraph

Posted November 21st, 2019 in birth certificates, families, gender, human rights, marriage, news, transgender persons by tracey

‘A High Court judge has ruled that a marriage between a woman and a trans man was void because both parties were legally female during the ceremony.’

Full Story

Daily Telegraph, 20th November 2019

Source: www.telegraph.co.uk

Ban child marriage: safeguard futures – Counsel

Posted November 20th, 2019 in children, consent, marriage, news by sally

‘Child marriage is ‘any formal marriage or informal union between a child under the age of 18 and an adult or another child’ (UNICEF). Child marriage is not a criminal offence in England and Wales. Children can marry between the ages of 16-17 with parental consent in accordance with s 3 of the Marriage Act 1949. Marriages that take place involving children below the age of 16 are void but they are not criminalised. There is no legal provision currently in place that prevents religious or customary child marriages, at any age, from taking place. Often religious or customary marriages carry even more weight than civil marriages within certain families or communities. Whilst there may only be a minority of civil marriages taking place with parental consent between children from the ages of 16-17 years old, it is unknown how many British children are married abroad and how many religious and customary marriages involving children take place each year.’

Full Story

Counsel, November 2019

Source: www.counselmagazine.co.uk

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.

Full Story

Law & Religion UK, 18th November 2019

Source: www.lawandreligionuk.com

Marriages of Convenience: Preparation and Procedures – Drystone Chambers

Posted November 7th, 2019 in appeals, immigration, marriage, news by sally

‘Recently I was instructed on an EEA case, where a marriage between an EEA national and an Albanian national was alleged to be a marriage of convenience after a “Mr and Mrs” marriage interview. The unusual feature in this case was that they had answered virtually all of the questions put to them with a high degree of consistency, which would usually be taken as evidence of the marriage being genuine.’

Full Story

Drystone Chambers, October 2019

Source: drystone.com

Bride-to-be fleeced fiance’s stag party out of £11k – BBC News

Posted October 30th, 2019 in compensation, forgery, marriage, news, sentencing, suspended sentences, theft by sally

‘A bride-to-be frittered away her fiance’s stag party kitty, leaving him and his friends stranded at a UK airport, a court has heard.’

Full Story

BBC News, 29th October 2019

Source: www.bbc.co.uk

The House of Lords on marriages and sharia law – Law & Religion UK

Posted October 25th, 2019 in cohabitation, interpretation, islamic law, marriage, news, parliament, women by sally

‘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.”’

Full Story

Law & Religion UK, 24th October 2019

Source: www.lawandreligionuk.com

The Divorce, Dissolution and Separation Bill – Family Law

Posted October 14th, 2019 in bills, divorce, families, marriage, news by tracey

‘Over the past 12 months, there has been much media coverage regarding reforming this country’s divorce system. To date, concerns about protecting the sanctity and institution of marriage have prevented the law from keeping up with the modern family and changing societal values. However, following the high profile case of Owens v Owens the government proposed changes to legislation in September 2018. Stewarts took part in the consultation on these changes, and here, Lucy Gould discusses the proposed legislation and its historical context.’

Full Story

Family Law, 11th October 2019

Source: www.familylaw.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Law & Religion UK, 30th July 2019

Source: www.lawandreligionuk.com