Category: marriage

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

Posted June 29th, 2018 in civil partnerships, equality, human rights, marriage, news, sexual orientation discrimination, Supreme Court by tracey

‘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.’

Full Story

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

Posted June 28th, 2018 in appeals, civil partnerships, equality, marriage, news, sexual orientation discrimination, Supreme Court by sally

‘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).’

Full Story

UK Human Rights Blog, 25th June 2018

Source: ukhumanrightsblog.com

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

Posted June 27th, 2018 in civil partnerships, human rights, marriage, news, sexual orientation discrimination, Supreme Court by michael

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

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

Posted March 23rd, 2018 in appeals, Church of England, clergy, equality, marriage, news, sexual orientation discrimination by tracey

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

Full Story

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”.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

BBC News, 2nd February 2018

Source: www.bbc.co.uk

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?’

Full Story

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.’

Full Story

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 tracey

‘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.’

Full Story

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.’

Full Story

The Guardian, 26th November 2017

Source: www.theguardian.com