A de-facto problem – Family Law

Posted July 12th, 2021 in cohabitation, families, financial dispute resolution, marriage, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 8th July 2021

Source: www.familylaw.co.uk

Dana Twidale: Wedding planner jailed for £57,000 fraud – BBC News

Posted July 6th, 2021 in fraud, imprisonment, marriage, news, sentencing by sally

‘A wedding planner who conned would-be brides and grooms out of thousands of pounds has been jailed for five years.’

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BBC News, 5th June 2021

Source: www.bbc.co.uk

Outdoor civil wedding and partnership registrations to be legalised – Ministry of Justice

Posted June 21st, 2021 in civil partnerships, marriage, Ministry of Justice, news by tracey

‘Outdoor civil wedding and partnership ceremonies in England and Wales are set to be legalised for the first time – offering greater choice to couples in a boost to the wedding sector.’

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Ministry of Justice, 20th June 2021

Source: www.gov.uk

Frustrated Contracts and Wedding Venues – article by Harry Dyson – Park Square Barristers

Posted June 17th, 2021 in contracts, coronavirus, hotels, marriage, news, regulations, repayment by sally

‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’

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Park Square Barristers, 15th June 2021

Source: www.parksquarebarristers.co.uk

Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments – Family Law

Posted June 14th, 2021 in civil partnerships, equality, homosexuality, marriage, news by tracey

‘This article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal recognition. The available statistical information on the take-up of same sex civil partnerships and marriages is analysed and evaluated, and an early estimation made of their dissolutions and divorces. The possible implications of recent trends are considered, and a personal appraisal made of prospects for the immediate future. To a lay person, the sequence of introducing civil partnerships and same-sex marriage in England and Wales has been a curious, if not puzzling, progression, perhaps only really understood by the initial opposition to (same sex) civil partnerships, and in particular that they should not be accorded equivalence to marriage. The whole story[1] is also simultaneously one of developing pressure, firstly for the availability of a legal union for same sex couples, and then for greater freedom of choice, and for equal status. The latter was only achieved for civil partnerships[2] after much effort.’

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Family Law, 11th June 2021

Source: www.familylaw.co.uk

Child marriage ‘thriving in UK’ due to legal loophole, warn rights groups – The Guardian

Posted May 5th, 2021 in children, forced marriages, marriage, news, young persons by sally

‘A legal loophole that allows 16- and 17-year-olds in England and Wales to marry with parental consent is being exploited and used to coerce young people into child marriage, campaigners have warned.’

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The Guardian, 4th May 2021

Source: www.theguardian.com

Cost of changing legal gender cut to less than £10 – BBC News

Posted April 8th, 2021 in birth certificates, fees, gender, marriage, news, transgender persons by sally

‘The £140 fee to apply for a gender recognition certificate will be cut to “single figures” from next month, according to government sources.’

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BBC News, 7th April 2021

Source: www.bbc.co.uk

Capacity to marry: NB v MI – Law & Religion UK

Posted March 29th, 2021 in families, family courts, Islam, islamic law, jurisdiction, marriage, news by tracey

‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’

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Law & Religion UK, 26th March 2021

Source: lawandreligionuk.com

The Cab Rank Rule – Oxford Human Rights Hub

‘In his blog for the Human Rights Hub, Edwin Cameron criticised Ms Dinah Rose QC, the President of Magdalen, for accepting the brief, in the Privy Council, to defend the Cayman Islands government’s law against same-sex marriage. Having long been one of my few judicial heroes, it is not easy for me to disagree with Edwin. However, on this point he is, with the greatest of respect, wrong.’

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Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

Capacity to consent to marriage, nullity and declarations under the inherent jurisdiction considered (NB v MI) – 1GC: Family Law

Posted February 25th, 2021 in consent, family courts, islamic law, jurisdiction, marriage, news by sally

‘The High Court was presented with an application for a declaration of nonrecognition of a Muslim marriage and a petition for nullity. The parties were married in Pakistan under Sharia law in June 2013. The applicant sought to argue, relying on two expert reports, that she did not have capacity to consent to marriage at the time. The court had to consider the issue of her capacity and then consider whether to make a declaration of non-recognition, or alternatively annul the marriage. The High Court refused the applications as it considered, on the facts of this case, the applicant had capacity to consent at the relevant time. The marriage was therefore valid under English law at its formation. Even if he had formed the opposite view, Mr Justice Mostyn made clear the court would still not have made a declaration under the court’s inherent jurisdiction as he was prevented by statute. Tahmina Rahman, barrister at 1GC Family, considers the case.’

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1GC: Family Law, 16th February 2021

Source: 1gc.com

‘Patriarchal’ no-sex annulment law must be reformed says divorcing doctor – Daily Telegraph

Posted February 18th, 2021 in divorce, marriage, news by sally

‘A “patriarchal” law which allows a marriage to be annulled if it has not been consummated must be reformed, the wife of a tech boss has said after she won a legal battle for a divorce.’

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Daily Telegraph, 16th February 2021

Source: www.telegraph.co.uk

When is a wedding not a marriage? Exploring non-legally binding ceremonies – Law & Religion UK

Posted January 13th, 2021 in civil partnerships, Law Commission, marriage, news by sally

‘Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one?’

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Law & Religion UK, 12th January 2021

Source: lawandreligionuk.com

N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers

Posted January 12th, 2021 in divorce, foreign jurisdictions, marriage, news, service, time limits by sally

‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’

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Pump Court Chambers, 8th January 2021

Source: www.pumpcourtchambers.com

Civil partnership conversion for landmark gay couple – BBC News

Posted December 7th, 2020 in civil partnerships, equality, homosexuality, marriage, news, Northern Ireland by sally

‘Chris and Henry Flanagan-Kane were the first gay men in the UK to get a civil partnership back in 2005.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Racism within the Windrush compensation scheme – The Guardian

‘The Guardian’s Amelia Gentleman wrote her first story on the Windrush scandal almost three years ago – yet she is still hearing from people facing injustice. Alexandra Ankrah, the most senior black Home Office employee in the team responsible for the Windrush compensation scheme, discusses why she resigned this year, describing the scheme as systemically racist and unfit for purpose while Samantha Cooper describes her frustrations with trying to access financial help.’

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The Guardian, 24th November 2020

Source: www.theguardian.com

Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

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Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

Back bill to ban marriage for under-18 in England and Wales, MPs urged – The Guardian

Posted October 6th, 2020 in bills, children, civil partnerships, consent, forced marriages, marriage, news by tracey

‘The UK is undermining its international efforts to end child marriage because an exception to the law in England and Wales that allows 16 and 17-year-olds to marry with parental consent is putting children at risk, parliament will be told today.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

Law Commission’s consultation on marriage reforms – Law Society’s Gazette

‘When most couples start planning a wedding, they excitedly think about the day itself – what they will wear, who they will invite and of course, where they want to get married.’

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Law Society's Gazette, 24th September 2020

Source: www.lawgazette.co.uk

Outdated weddings laws of England and Wales face overhaul – The Guardian

Posted September 3rd, 2020 in licensing, marriage, news by sally

‘Couples could soon be free to get married on the beach, in a private garden or at sea, according to proposed changes to outdated wedding laws.’

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The Guardian, 3rd September 2020

Source: www.theguardian.com

Judge dismisses legal challenge by humanists, finds weddings discrimination to be justified with Law Commission review – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge brought by six couples who are humanists and who complained that the legal recognition of different forms of religious wedding ceremony under English law does not similarly extend to weddings carried out in accordance with their humanist beliefs.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk