marriage – Page 10 – Current Awareness

English civil partnership may not be recognised abroad – Family Law

Posted January 29th, 2018 in civil partnerships, cohabitation, foreign jurisdictions, marriage, married persons, news by sally

‘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 As the tide of public opinion turned, Parliament repealed section 28 of the Local Government Act 1988 (which had prohibited the “promot[ion] of homosexuality” and the “teaching in any maintained school the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 sally

‘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

Posted November 22nd, 2017 in civil partnerships, foreign jurisdictions, human rights, international courts, marriage, news, sex discrimination, sexual orientation discrimination, treaties by sally

‘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

Posted October 30th, 2017 in family courts, Law Commission, marriage, Ministry of Justice, news, reports, statute law revision by sally

‘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

Can marriage officers refuse to marry same-sex couples? – OUP Blog

Posted October 9th, 2017 in civil servants, equality, human rights, marriage, news by sally

‘Freedom of religion and same-sex equality are not inherently incompatible. But sometimes they do seem to be on a collision course. This happens, for instance, when religiously devout marriage officers refuse to marry same-sex couples. In the wake of legal recognition of same-sex marriage around the world, states have grappled with civil servants who cannot reconcile their legal duties with their religious beliefs.’

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OUP Blog, 9th October 2017

Source: blog.oup.com

English marriage law discriminates against minorities – celebrants could change that – Law & Religion UK

Posted August 8th, 2017 in legislation, marriage, news, religious discrimination by sally

‘Getting married is a major life event. Not only is it a public affirmation of one person’s commitment towards another but it also results in significant life-changing obligations. The marriage ceremony should mean something to both people, as well as being valid and enforceable in law. But at the moment, English law does not allow all citizens to get married in a way that meets their needs.’

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Law & Religion UK, 5th August 2017

Source: www.lawandreligionuk.com

I’m an LGBT rights lawyer, and these are some of the strangest cases I’ve had to fight in court – The Independent

Posted July 26th, 2017 in divorce, equality, homosexuality, marriage, news, surrogacy, transgender persons by sally

‘If you are a same sex married couple you cannot get divorced on the grounds of adultery, because ‘adultery’ in UK law still takes a biblical definition meaning a man and a woman. One of my clients couldn’t divorce her husband because he’d been cheating with a man, so it didn’t count as ‘adultery’. Another ran into serious problems with surrogacy.’

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The Independent, 25th July 2017

Source: www.independent.co.uk

Finance and Divorce Update April 2017 – Family Law Week

Posted April 21st, 2017 in bankruptcy, divorce, domicile, financial provision, islamic law, marriage, news, periodical payments by sally

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Civil Partnerships and Marriage: Labels or a state of mind? – Family Law Week

Posted March 17th, 2017 in civil partnerships, marriage, news by sally

‘David Bedingfield, barrister, 4 Paper Buildings, traces the development of the law relating to marriage and civil partnership up to and including the Court of Appeal’s recent judgment in Steinfeld & Keidan.’

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update March 2017 – Family Law Week

Posted March 17th, 2017 in civil partnerships, divorce, financial provision, islamic law, jurisdiction, marriage, news by sally

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2017.’

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Banns of marriage – their development and future – Law & Religion UK

Posted February 23rd, 2017 in Church of England, disclosure, marriage, news, Northern Ireland, Scotland, Wales by sally

‘The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions.’

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Law & Religion UK, 23rd February 2017

Source: www.lawandreligionuk.com

Should heterosexual couples be allowed to enter civil partnerships? – The Guardian

Posted February 22nd, 2017 in appeals, civil partnerships, marriage, news, sex discrimination, sexual orientation discrimination by sally

‘A heterosexual couple who labelled traditional marriage as a “sexist” and “patriarchal” institution, have lost their appeal to enter into a civil partnership.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

‘Keep sex abuse dad’s name off my wedding certificate’ – BBC News

Posted February 17th, 2017 in bills, child abuse, families, marriage, news by sally

‘If Jenny ever gets married, there will be no dad walking her down the aisle and, if she gets her way, no mention of him on her marriage certificate either.’

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BBC News, 17th February 2017

Source: www.bbc.co.uk

Unmarried woman wins pension battle – BBC News

Posted February 8th, 2017 in appeals, cohabitation, human rights, marital status discrimination, marriage, news, Northern Ireland, pensions, Supreme Court by sally

‘A woman who lost her long-term partner has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

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BBC News, 8th February 2017

Source: www.bbc.co.uk