NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

Minister apologises to couple wrongly accused of sham marriage – The Guardian

‘A Home Office minister has apologised to a couple wrongly accused of entering a sham marriage, amid condemnation by politicians and human rights campaigners over the treatment of genuine couples.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

English judge says man having sex with wife is ‘fundamental human right’ – The Guardian

‘A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

Woman who accompanied her husband to Dignitas will inherit his £1.8 million estate, judge rules in test case – Daily Telegraph

Posted February 22nd, 2019 in assisted suicide, forfeiture, married persons, news, wills by tracey

‘A woman who accompanied her husband to Dignitas can claim his £1.8 million estate, a High Court judge has ruled in a test case.’

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Daily Telegraph, 21st February 2019

Source: www.telegraph.co.uk

‘Fear led our mother to kill our father. It wasn’t murder’ – The Guardian

Posted February 18th, 2019 in domestic violence, married persons, murder, news by sally

‘A mother-of-two who killed her husband in a hammer attack will make legal history later this month when her conviction for murder is reviewed by the Court of Appeal.’

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The Guardian, 17th February 2019

Source: www.theguardian.com

Baronesses’ husbands should be made Lords because current rules are sexist, says Fiona Shackleton – Daily Telegraph

Posted November 16th, 2018 in married persons, news, peerages & dignities by tracey

‘The peerage system is sexist because husbands of baronesses are still referred to as ‘Mr’, according to one of Britain’s leading divorce lawyers. While the wife of a male peer is known as ‘Lady’, husbands of female peers are not awarded courtesy titles. It is an enduring symbol of inequality, according to Baroness Shackleton of Belgravia.’

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Daily Telegraph, 15th November 2018

Source: www.telegraph.co.uk

Builder who passed off wife’s murder as suicide jailed after pub confession – Daily Telegraph

Posted November 9th, 2018 in domestic violence, married persons, murder, news, sentencing by tracey

‘Police errors almost allowed a husband to get away with murdering his wife and staging a suicide until he admitted his crime to a woman in a pub.’

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Daily Telegraph, 8th November 2018

Source: www.telegraph.co.uk

Man took £2,000 from mother-in-law after lying about cancer for years – The Guardian

Posted October 16th, 2018 in fraud, married persons, news, sentencing, suspended sentences by sally

‘A man who conned his wife and her family into believing he had terminal cancer took £2,000 from his mother-in-law before his lie was exposed.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

A Human Right to Divorce? – Oxford Human Rights Hub

Posted September 5th, 2018 in divorce, human rights, married persons, news by sally

‘The case of Owens v Owens rocked the legal world in late July, when the Supreme Court decided that Tini Owens could not divorce her husband, despite the court recognising that this could leave her “trapped in an unhappy marriage.” Her husband, Hugh John Owens, had sought to defend against Mrs Owens’ petition for divorce on the grounds that “although never emotionally intense, the marriage had been successful and that he and Mrs Owens had learnt how to “rub along”. In ruling against Mrs Owens, Lord Wilson said the decision “generates uneasy feelings” and suggested that Parliament should consider statutory change. Yet, bearing in mind that statutory change may take some time, is the right to leave an unhappy marriage not also a human right?’

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Oxford Human Rights Hub, 27th August 2018

Source: ohrh.law.ox.ac.uk

Posthumous conception: a legacy in life, incapacity and death – Family Law Week

Posted August 31st, 2018 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Louisa Ghevaert and Michael Mylonas QC consider the ground breaking decision in Y v A Healthcare NHS Trust and others [2018] EWCOP 18.’

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Family Law Week, 21st August 2018

Source: www.familylawweek.co.uk

Abuse victims increasingly denied right to stay in UK – The Guardian

‘The refusal rate for people applying to stay in the UK after suffering domestic violence more than doubled between 2012 and 2016 after the government pledged to make the UK a “hostile environment for illegal immigrants”.’

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The Guardian, 16th August 2018

Source: www.theguardian.com

Thai bride wins battle to share ‘secret’ relationship with US economist on Facebook – Daily Telegraph

Posted July 25th, 2018 in bigamy, internet, married persons, misuse of private information, news by tracey

‘A married US economist lost a High Court battle against his Thai bride over a Facebook picture she uploaded that he feared would out his secret relationship with her.’

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Daily Telegraph, 25th July 2018

Source: www.telegraph.co.uk

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk

Jihadi bride who bought flip flops for her Isil fighter husband is jailed for five years – Daily Telegraph

Posted June 7th, 2018 in married persons, news, proscribed organisations, sentencing, terrorism by sally

‘In 2015, his wife started sending him money – first £1,500 then later two payments of £2,000 – telling those whose names would appear on the transactions that Khan was studying or carrying out aid work.’

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Daily Telegraph, 6th June 2018

Source: www.telegraph.co.uk

Stalking laws prevent you finding out if your partner is cheating, jilted husband claims – Daily Telegraph

Posted February 28th, 2018 in costs, married persons, news, restraint orders, sentencing, stalking by sally

‘Stalking laws are being used to prevent people discovering if their partners are cheating on them, a jilted husband has claimed.’

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Daily Telegraph, 27th February 2018

Source: www.telegraph.co.uk

Standup comedian’s husband sues for defamation over ‘provocative’ show – The Guardian

‘An award-winning standup comedian is being sued by her estranged husband for allegedly defaming him in her show.’

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The Guardian, 19th February 2018

Source: www.theguardian.com

Husband guilty of harassment after repeatedly contacting estranged wife with stream of mundane messages – Daily Telegraph

Posted February 7th, 2018 in divorce, harassment, married persons, news by tracey

‘A husband who said he tried to save on legal fees by contacting his wife directly during their bitter divorce has been convicted of harassment.’

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Daily Telegraph, 6th February 2018

Source: www.telegraph.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

Advocate general backs UK pensioner in gender recognition pension case – OUT-LAW.com

Posted December 7th, 2017 in EC law, married persons, news, pensions, transgender persons by sally

‘A UK law requirement that a transgender woman annul her marriage before she is entitled to a full gender recognition certificate is unlawful to the extent that it impacts on state pension entitlement, an EU legal adviser has said.’

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OUT-LAW.com, 6th December 2017

Source: www.out-law.com

Man jailed after wife of 10 years discovered he had been raping her in her sleep – The Independent

Posted August 4th, 2017 in married persons, news, rape, sentencing by sally

‘A man has been jailed for nine years after his wife of 10 years found videos on his phone showing him raping her as she slept.’

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The Independent, 3rd August 2017

Source: www.independent.co.uk