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?’

Full Story

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.’

Full Story

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”.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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?’

Full Story

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.’

Full Story

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.’

Full Story

The Independent, 3rd August 2017

Source: www.independent.co.uk

Man wins equal pension rights for husband at supreme court – The Guardian

Posted July 12th, 2017 in homosexuality, married persons, news, pensions by sally

‘A gay former cavalry officer has won a legal battle to provide his husband with equal pension rights in a landmark discrimination case at the supreme court.’

Full Story

The Guardian, 12th July 2017

Source: www.theguardian.com

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

Full Story

Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk

UK wrong to deny residency rights in test case, EU’s legal adviser says – The Guardian

Posted May 31st, 2017 in citizenship, EC law, immigration, married persons, news by sally

‘The Home Office was wrong to deny the Algerian husband of a dual British-Spanish citizen the right to live with her in the UK, according to the initial opinion of the European court of justice’s advocate general in a test case.’

Full Story

The Guardian, 30th May 2017

Source: www.theguardian.com

Judge criticises ‘inhuman’ separation of elderly couples – BBC News

Posted May 10th, 2017 in care homes, cohabitation, elderly, judges, married persons, news, social services by sally

‘Separating elderly couples against their wishes when one or both move to care homes must end, Britain’s most senior family judge has said.’

Full story

BBC News, 10th May 2017

Source: www.bbc.co.uk

Can President Assad’s wife be deprived of her British citizenship on public good grounds? – Free Movement

Posted April 18th, 2017 in citizenship, married persons, news, public interest, women by sally

‘Liberal Democrat foreign affairs spokesman Tom Brake says that she has supported President Assad’s regime and therefore should be stripped of her British citizenship. It is not said she has personally been involved in any war crimes or similar or to have sanctioned such atrocities. Mr Brake seems to consider that holding and expressing a political opinion — an awful one, let us be clear — is sufficient to justify depriving a person of their citizenship.’

Full story

Free Movement, 17th April 2017

Source: www.freemovement.org.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

Full story

Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

Full story

Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

Gay man takes fight for equal pension rights for his husband to Supreme Court – Daily Telegraph

‘A gay man fighting to win his husband the same pension rights a wife would enjoy if he was in a heterosexual relationship takes his case to the UK’s highest court.’

Full story

Daily Telegraph, 8th March 2017

Source: www.telegraph.co.uk