‘Gay cake’ row: Supreme Court rules in favour of Ashers – BBC News

‘The Christian owners of a Northern Ireland bakery have won their appeal in the so-called “gay cake” discrimination case.’

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BBC News, 10th October 2018

Source: www.bbc.co.uk

Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

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Family Law Week, 2nd October 2018

Source: www.familylawweek.co.uk

Government announces civil partnerships for mixed-sex couples – Family Law

‘The Government has announced its intention to introduce civil partnerships for heterosexual couples in England and Wales as an alternative to getting married, saying that the move will provide greater security for unmarried couples and their families.’

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Family Law, 2nd October 2018

Source: www.familylaw.co.uk

“Prenup, postnup, catnup, dognup, petnup” – why? – Family Law

Posted September 25th, 2018 in enforcement, marriage, news, prenuptial agreements by sally

‘Behind the scenes there are many considerations for couples and their families. With the preparation of the happy joining of lives of two people with marriage, also comes financial considerations going forward.’

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Family Law, 24th September 2018

Source: www.familylaw.co.uk

“No pain, no drain” divorce? – Family Law

Posted September 17th, 2018 in divorce, marriage, news by sally

‘It is official. The Justice Secretary David Gauke has now confirmed that proposals are under way to make the divorce process less confrontational.’

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Family Law, 15th September 2018

Source: www.familylaw.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

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Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

Akhter v Khan: Islamic marriages and will disputes – Family Law

Posted September 3rd, 2018 in islamic law, marriage, news, wills by sally

‘A recent family law case has highlighted a hole in the legal protection of Islamic couples whose ‘marriage’ may be considered a void marriage in English law, or may not be a marriage at all.’

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Family Law, 30th August 2018

Source: www.familylaw.co.uk

Speech by Dr Victoria McCloud, Master of the Senior Courts: Rainbow Lives, Monochrome Laws – Reflections on law and identity – Courts and Tribunals Judiciary

‘Speech by Dr Victoria McCloud, Master of the Senior Courts: Rainbow Lives, Monochrome Laws – Reflections on law and identity.’

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Courts and Tribunals Judiciary, 21st August 2018

Rise in deathbed weddings prompts call to protect cohabiting couples – The Guardian

Posted August 20th, 2018 in civil partnerships, cohabitation, marriage, news by sally

‘The government is being urged to provide legal protection to millions of cohabiting couples as evidence emerges of an increase in the number of civil partnerships and deathbed weddings.’

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The Guardian, 18th August 2018

Source: www.theguardian.com

Does Akhter v Khan mean that English Law now recognises Shariah marriages? – Family Law

Posted August 8th, 2018 in divorce, marriage, news by tracey

‘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.’

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Family Law, 7th August 2018

Source: www.familylaw.co.uk

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

‘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.’

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Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Void, Valid and Very Confusing – what is the status of Sharia Marriages in the UK? – Transparency Project

Posted August 6th, 2018 in islamic law, marriage, news by sally

‘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.’

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Transparency Project, 3rd August 2018

Source: www.transparencyproject.org.uk

Akhter: legal consequences of an unregistered nikah ceremony – Law and Religion UK

Posted August 6th, 2018 in divorce, islamic law, marriage, news by sally

‘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.’

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Law and Religion UK, 3rd August 2018

Source: www.lawandreligionuk.com

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room – Family Law

Posted August 3rd, 2018 in divorce, marriage, news by tracey

‘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.’

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Family Law, 2nd August 2018

Source: www.familylaw.co.uk

English law applies to Islamic marriage, judge rules in divorce case – The Guardian

Posted August 2nd, 2018 in divorce, financial provision, Islam, islamic law, marriage, news by tracey

‘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.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

Celebrity divorce lawyer backs reform of ‘archaic’ laws – BBC News

Posted August 1st, 2018 in divorce, marriage, news, solicitors by sally

‘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.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

It’s 2018 And You Still Don’t Automatically Have A Right To Get Divorced From A Loveless Marriage – Rights Info

Posted July 27th, 2018 in divorce, marriage, news by sally

‘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.’

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Rights Info, 25th July 2018

Source: rightsinfo.org

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