Court of Justice finds UK transgender state pension law discriminatory – Family Law

Posted July 10th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘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.’

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Family Law, 10th July 2018

Source: www.familylaw.co.uk

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

‘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.’

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UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Steinfeld and Keidan: what happens next? – Family Law

‘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.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk

Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32 – Supreme Court Blog

‘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.’

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Supreme Court Blog, 28th June 2018

Source: ukscblog.com

The ‘straight civil partnership’ challenge: All you need to know before the Supreme Court Judgment – UK Human Rights Blog

‘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).’

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UK Human Rights Blog, 25th June 2018

Source: ukhumanrightsblog.com

Ban on heterosexual civil partnerships in UK ruled discriminatory – The Guardian

‘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.’

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The Guardian, 27th June 2018

Source: www.theguardian.com

Transgender woman wins pension court battle – BBC News

Posted June 26th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘A transgender woman who was unable to access her pension, was discriminated against by UK law, the European Court of Justice has found.’

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BBC News, 26th June 2018

Source: www.bbc.co.uk

How far will the Supreme Court go as it tackles Owens v Owens? – Family Law

Posted June 22nd, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by tracey

‘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.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Unreasonable behaviour: Owens v Owens highlights that divorce law is no longer fit for purpose – Family Law

Posted June 20th, 2018 in divorce, marriage, news by sally

‘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.’

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Family Law, 19th June 2018

Source: www.familylaw.co.uk

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘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.’

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New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

Ending a marriage in the 21st century, a look beyond no fault divorce – Family Law Week

Posted June 14th, 2018 in divorce, marriage, news by tracey

‘Sophie Crampton, Pupil, Coram Chambers makes the case for reform of the law of divorce.’

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Family Law Week, 8th June 2018

Source: www.familylawweek.co.uk

The case of Re X (A Child – foreign surrogacy) – the distracting power of ‘sex’ – but what does it really tell us? – Family Law

Posted April 4th, 2018 in foreign jurisdictions, marriage, news, surrogacy by sally

‘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.’

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Family Law, 4th April 2018

Source: www.familylaw.co.uk

Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 23rd, 2018 in divorce, judges, marriage, news, reasons by tracey

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

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Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

Gay priest Jeremy Pemberton’s discrimination appeal dismissed – BBC News

‘A gay clergyman stopped from becoming a hospital chaplain has lost his appeal over a discrimination claim against the Church of England.’

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BBC News, 22nd March 2018

Source: www.bbc.co.uk

Consummation and the validity of marriage: X (A Child: foreign surrogacy) – Law & Religion UK

Posted March 21st, 2018 in foreign jurisdictions, marriage, news, surrogacy by tracey

‘Is consummation necessary to render a marriage valid? “Yes”, assumed non-specialist ignoramuses (like me): “No”, says the President of the Family Division.
In X (A Child: foreign surrogacy) [2018] EWFC 15, Sir James Munby P had been asked to make a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008, which requires that the applicants “must be … husband and wife”.’

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Law & Religion UK, 19th March 2018

Source: www.lawandreligionuk.com

Sharia law review recommends civil marriage alongside religious ceremony – Family Law

Posted February 5th, 2018 in Islam, islamic law, marriage, news by sally

‘An independent review into the application of sharia law in England and Wales published by the Home Office has recommended that Muslim couples must undergo a civil marriage alongside a religious ceremony, in a move expected to give Muslim women increased legal protection.’

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Family Law, 5th February 2018

Source: www.familylaw.co.uk

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill – Law & Religion UK

Posted February 5th, 2018 in amendments, bills, civil partnerships, marriage, news, select committees by sally

‘The Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill was read a second time yesterday, 2 February, with qualified Government support: the Member in charge of the bill, Tim Loughton, had evidently come to an agreement with the Home Office about amendments to be tabled in committee.’

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Law & Religion UK, 3rd February 2018

Source: www.lawandreligionuk.com

Civil partnerships: Couples tell us why they want one – BBC News

Posted February 5th, 2018 in civil partnerships, equality, marriage, news by sally

‘Heterosexual couples might be able to access civil partnerships, as the government reviews the law that currently only applies to homosexual couples.’

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BBC News, 2nd February 2018

Source: www.bbc.co.uk

Both parents’ names to be recognised in marriage – BBC News

Posted February 5th, 2018 in bills, documents, marriage, news, parental rights by sally

‘Ministers have backed calls for mothers’ names to be put on marriage certificates in England and Wales.’

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BBC News, 2nd February 2018

Source: www.bbc.co.uk

English civil partnership may not be recognised abroad – Family Law

‘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