Outdated weddings laws of England and Wales face overhaul – The Guardian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could soon be free to get married on the beach, in a private garden or at sea, according to proposed changes to outdated wedding laws.’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

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

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3PB, 1st July 2020

Source: www.3pb.co.uk

Plenty of Fish conman jailed for defrauding women – BBC News

Posted July 7th, 2020 in assault, fraud, guilty pleas, internet, intimidation, marriage, news, sentencing by sally

‘A fraudster who cheated women he had asked to marry him out of tens of thousands of pounds has been jailed for 10 years.’

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BBC News, 6th July 2020

Source: www.bbc.co.uk

High court set to rule on humanist wedding recognition in England and Wales – The Guardian

‘Although the government was authorised by parliament to legally recognise humanist weddings in 2013, it has not done so. More than 6,000 couples who have gone through humanist ceremonies since then have faced a choice between having a second civil ceremony at a registry office or having no legal recognition of their marriage.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

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Family Law, 28th May 2020

Source: www.familylaw.co.uk

What is a ‘relationship akin to marriage’? – Richmond Chambers

‘Under the Immigration Rules, a person who is British or Settled in the UK can bring their unmarried partner to the UK. This is sometimes referred to as a ‘partner visa’ or ‘de facto visa’. This is an option that more couples are currently considering, partly due to the ongoing restrictions around the world on wedding ceremonies due to covid-19.’

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Richmond Chambers, 1st May 2020

Source: immigrationbarrister.co.uk

Coronavirus: Watchdog threatens legal action on holiday refunds – BBC News

‘Firms that fail to refund people for holidays and weddings cancelled because of the coronavirus outbreak could face legal action by the consumer watchdog.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

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Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub

Posted March 26th, 2020 in appeals, children, divorce, families, interpretation, islamic law, marriage, news by sally

‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’

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Oxford Human Rights Hub, 17th March 2020

Source: ohrh.law.ox.ac.uk

Islamic Nikah ceremony and marriage validity – Family Law

Posted March 13th, 2020 in appeals, divorce, families, financial provision, Islam, islamic law, marriage, news by tracey

‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’

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Family Law, 12th March 2020

Source: www.familylaw.co.uk

Court of Appeal clarifies the law on marriage formalities (Akhter v Khan) – Family Law

Posted March 5th, 2020 in divorce, financial provision, Islam, marriage, news by tracey

‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

Unmarried partners still missing bereavement payments – BBC News

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’

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Law Pod UK, 24th February 2020

Source: audioboom.com

Muslim Non-Marriages – Becket Chambers

Posted February 21st, 2020 in appeals, chambers articles, divorce, Islam, islamic law, marriage, news by sally

‘In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall were not and never had been married!’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

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.’

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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.’

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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.’

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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.’

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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.’

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Spire Barristers, 6th January 2020

Source: spirebarristers.co.uk