Recently published statistics have shown the current trends in families and household types in the UK in 2018. The number of people living alone has reached new heights, with over 8 million in 2018. The biggest increases are in women aged 45 to 64 and me…
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Same-sex couples who now enter into a marriage or registered partnership are able to take advantage of the benefits and protection that is afforded to married
heterosexual couples thanks to the following Acts:
- Civil Partnership Act 2004, which came into force on 5 December 2005.
- The historic introduction of the Marriage (Same Sex Couples) Act 2013 allowing same sex couples from 29 March 2014 to legally marry for the very first time.
It is of the utmost importance however that you and your partner obtain independent legal advice prior to entering into a same-sex marriage or registered partnership to ensure that you understand the changes to your legal rights and obligations that will occur as a result of registering the marriage or partnership.
You should also seek independent immigration advice if you or your partner are subject to immigration control as this will impact upon the registration process and procedure itself generally.
In this emerging and evolving area of law, a pre-nuptial or pre-registration agreement may prove to be useful evidence of both parties’ intentions at the date of the union - provided it is properly drafted. We can ensure that any agreement provided addresses matter inducing:
- Protection and defining what is yours financially before entering into a same-sex marriage of civil partnership
- The division of assets and possessions should your relationship break down
- The level of maintenance one party should receive from the other
Property and Finances
On the dissolution of a same-sex marriage or civil partnership the court has wide discretionary powers to make orders relating to the family home in exactly the same way as they can be made upon the dissolution of a heterosexual marriage.
As with traditional divorce, on the breakdown of a civil partnership or same-sex marriage the court can also order lump sum orders, maintenance payments for the benefit of our husband/wife/civil partner and pension sharing orders.
- Parental responsibility - same-sex spouses and civil partners are able to obtain
- Parental Responsibility for each other’s children and therefore be involved in the important decision making that is involved in any child's life.
- Financial support and maintenance - on the breakdown of a relationship same-sex spouses and civil partners will also have the same duty to provide reasonable maintenance for any children of the family.
- Living arrangements and spending time with your children - where will your child/children live after you and your spouse or civil partner separate. How much time does your child/children spend with you and is it enough?
- Jurisdiction issues - removal from England & Wales by one parent to relocate abroad with the children.
Despite some of the legal and ethical complexities that exist around it, surrogacy is on the rise, both in Britain and internationally. Demand is strong - and growing fast. While many countries don’t formally record the number of children born via …
As a family lawyer over the years I have helped a number of grandparents who have questioned their rights and for various reasons have been stopped from seeing their much-loved grandchildren.
Every couple in England and Wales will, in future, be able to choose between a civil partnership and a marriage if they choose to formalise their relationship, the Prime Minster has recently announced.
While children will be looking forward to the summer holidays, for a separated parent the run up to the holidays can be a stressful time. Usually, the normal term time parenting plan agreement is suspended giving parents free rein to reach an arrangement…
There are many different forms of families in the UK today, and cohabiting couples remain the fastest growing family type.
Many people will not consider the legal implications of surrogacy but at Clarion we would always advise commissioning parents and surrogates to take specialist surrogacy legal advice before the conception of any child.
The president of the family division and the head of the family justice system , Mr Justice Munby, has rejected a single parent’s application for a Parental Order.
The most up to date statistics from the Office for National Statistics (ONS) confirmed that cohabiting couples are the fastest growing family type in the UK, with a 29.7% increase between 2004 and 2014.
I was really interested to hear in the news today that a High Court Judge has ruled that a baby girl should be removed from her birth mother to live with her father and gay partner and in doing so ensure that the baby’s best interests remain paramount.
I read recently an article on the BBC Future website that questioned whether moving house was one of the most stressful events ever.
A high proportion of the work we do in the Family Team relates to the division of a couples’ finances upon separation or divorce.
The new regulations regarding converting a civil partnership formally come into force on 10 December, which is when the first conversions can take place.
I was surprised to read from the Office for National statistics the other week that a total of only 1,409 same sex marriages took place in England & Wales between March 29 and June 30 2014 and just over half of those were female couples.
It was with great pride that Clarion took part in this years Leeds Pride festival last weekend.
I read, with interest, some research undertaken by Serenta Flowers. They surveyed 2,000 women and asked them to describe what makes a “gentleman”.
Following on from our blog last month in respect to legislative change and same sex marriage, I continue to be asked by family, friends and colleagues alike whether couples in civil partnerships will now also be able to benefit under the new law and …
For most people, the process of divorce or dissolution is a wholly alien concept and unfamiliar territory. The rules that regulate the processes are often considered to be out of date and unnecessarily cumbersome. This is why many people find it useful to…
Research commissioned by The Museum of London revealed that around 20% of women secretly keep items from their previous relationship; and that these keepsakes were hidden from their current partner!
New legislation received Royal Assent on 17 July 2013 which now means same sex couples can get married in England and Wales. The news, given by HoC Speaker John Bercow in the summer was reportedly greeted with cheers in the Commons chamber.
Head of Clarion’s Family Team, Justine Osmotherley, has been included in the 2019 Spear’s 500 – Europe’s most respected guide to the top private client advisors, wealth managers, lawyers and service providers for high net wort…
Family lawyer Jane Ingleby has joined Clarion’s family law team as a legal director. Jane is returning to Leeds after working in Manchester. Jane has significant experience across all aspects of family law including divorce, finances, nuptial agre…
The private client team at Clarion is continuing to grow with family lawyer Stephanie Douthwaite who is the latest to join the 18 strong team. Ms Douthwaite joins as an associate solicitor having spent six years with Blacks Solic…