Family Law Hub

Same Sex Marriage & Civil Partnerships

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  • The claimant and the first defendant had lived together for most of the time between 1990 and 2011, although the first defendant denied that they had been in a committed relationship. Upon being asked to leave, the claimant had asserted a beneficial interest in the property in which they lived, and an agreement had been reached whereby he would be paid £250,000 in return for withdrawing that claim. The money in question had not been paid, but the first defendant argued that the conditions necessary for payment had not been met. Deputy Judge Robin Vos found that, taking all the evidence into account, it was clear that the two of them had a long-term, committed relationship which went well beyond being good friends, but the claimant had not had a beneficial interest in the property. The agreement made was binding and valid, but the defendant's obligation to pay was conditional on him receiving a gift or inheritance from his father, and this had not happened. The claims were thus dismissed in their entirety. Judgment, 17/12/2020, free
  • An application was made for recognition of a 2009 marriage as valid. The applicant, born female, had lived as a man from 1990, but had not obtained a Gender Recognition Certificate once they became available in 2005, and hence was still legally female at the time of the marriage, when same sex marriage was not yet legal. This had caused problems with the Department of Work and Pensions regarding pension entitlement. Cobb J considered the case law and stated that, both now and at the time of the marriage in 2009, the applicant must be treated by the court as being legally a woman. The United Kingdom had not failed to provide a legal mechanism for the recognition of the relationship, since the couple could enter a civil partnership, marry as a same-sex couple, or marry as an opposite-sex couple after obtaining a gender recognition certificate. At the relevant time a marriage between two female partners was void at its inception and the court did not have the power to make the declaration sought. Judgment, 28/11/2019, free
  • On Sunday, the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 came into force in accordance with section 6(3) of the Act. News, 29/05/2019, free
  • An Act to make provision about the registration of marriage; to make provision for the extension of civil partnerships to couples not of the same sex; to make provision for a report on the registration of pregnancy loss; to make provision about the investigation of still-births; and for connected purposes. News, 02/04/2019, free
  • Heterosexual couples in England and Wales will be able to choose to have a civil partnership rather than get married, Theresa May has announced. News, 02/10/2018, free

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