‘At first glance, it might appear from the reported case of Akhter v Khan [2018] EWFC 54 that we have now finally arrived at the stage where English civil law has recognised an Islamic marriage (Nikah) which has been performed in England and Wales.’
Family Law, 7th August 2018
Source: www.familylaw.co.uk
‘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.’
Zenith Chambers, 29th June 2018
Source: www.zenithchambers.co.uk
‘The High Court here in London has recently considered the status of an islamic marriage, that did not comply with all the usual formalities required in England & Wales. It has generated a lot of confused and confusing headlines – the marriage has been reported as both valid and void, as ‘covered by’ English law (but not necessarily all islamic marriages) and as the first example of our courts recognising sharia law.’
Transparency Project, 3rd August 2018
Source: www.transparencyproject.org.uk
‘In Akhter v Khan [2018] EWFC 54, the couple had had a nikah ceremony in 1998 but had not registered the marriage under civil law. They had four children together. The petitioner, Nasreen Akhter, sought a divorce from Mohammed Shabaz Khan in November 2016. The husband (so called for convenience) defended the divorce on the basis that the parties had not entered a marriage valid according to English law; the wife (ditto) argued that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. In the alternative, she averred that the marriage was a void marriage within section 11(a)(iii) of the Matrimonial Causes Act 1973. There were two central questions: whether the parties were to be treated as a validly married under English law by operation of a presumption of marriage and, if not, was the marriage a void marriage susceptible to a decree of nullity.’
Law and Religion UK, 3rd August 2018
Source: www.lawandreligionuk.com
‘In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce. In particular I shall focus on the impact of the “behaviour” petition which in the wake of the case of Owens v Owens [2018] UKSC 41 has, of course, found itself in the limelight.’
Family Law, 2nd August 2018
Source: www.familylaw.co.uk
‘A high court judge has decided that a couple’s Islamic marriage falls within the scope of English matrimonial law, in a ruling that could have implications for thousands of Muslims in the UK.’
The Guardian, 1st August 2018
Source: www.theguardian.com
‘One of the UK’s most famous divorce lawyers has backed a change in the law – but urged couples to be more practical about marriage.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
‘Many of us aspire to be married one day. The ability to get married is something specifically protected by our human rights. But sometimes, for one reason or another, it doesn’t work out. In 2016 there were more than 100,000 divorces in England and Wales. However, getting a divorce isn’t always that easy.’
Rights Info, 25th July 2018
Source: rightsinfo.org
‘Pensions analysis: A ruling by the Court of Justice of the European Union in MB v Secretary of State for Work and Pensions Case C-451/16 [2018] All ER (D) 135 (Jun) that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women is examined by Dr Christopher Stothers, a partner at Freshfields Bruckhaus Deringer. This case has significant implications on how countries recognise changes to gender.’
Family Law, 10th July 2018
Source: www.familylaw.co.uk
‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’
UK Human Rights Blog, 3rd July 2018
Source: ukhumanrightsblog.com
‘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.’
Family Law, 28th June 2018
Source: www.familylaw.co.uk
‘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.’
Supreme Court Blog, 28th June 2018
Source: ukscblog.com
‘The Supreme Court will hand down Judgment on Wednesday 27th June 2018 in R (on the application of Steinfeld and another) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary).’
UK Human Rights Blog, 25th June 2018
Source: ukhumanrightsblog.com
‘A heterosexual couple who were denied the right to enter into a civil partnership have won their claim at the UK’s highest court that they have suffered discrimination.’
The Guardian, 27th June 2018
Source: www.theguardian.com
‘A transgender woman who was unable to access her pension, was discriminated against by UK law, the European Court of Justice has found.’
BBC News, 26th June 2018
Source: www.bbc.co.uk
‘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.’
Family Law, 21st June 2018
Source: www.familylaw.co.uk
‘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.’
Family Law, 19th June 2018
Source: www.familylaw.co.uk
‘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.’
New Law Journal, 15th June 2018
Source: www.newlawjournal.co.uk
‘Sophie Crampton, Pupil, Coram Chambers makes the case for reform of the law of divorce.’
Family Law Week, 8th June 2018
Source: www.familylawweek.co.uk
‘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.’
Family Law, 4th April 2018
Source: www.familylaw.co.uk
© Inner Temple Library 2018