Is Loss Of Civil Partnership Case A Victory For Discrimination?

A heterosexual couple who wanted to enter a civil partnership rather than get married have provoked some serious debate over discrimination.

While same sex couples have been allowed to enter into civil partnerships since the Civil Partnership Act 2004, same sex couples are prevented from doing so by the same Act. The couple are both academics and have set out to change the rules so that heterosexuals couples including themselves are given an alternative to what they see as a “patriarchal” institution.

While marriage is accepted by the vast majority of opposite sex couples the current rules may be tested to the limit as other cases may be brought to the attention due to the flurry of media interest the case has brought.

The couple’s campaign for civil partnerships to be legal for opposite sex couples is being taken to a higher court to appeal the recent decision. Whether the appeal is successful depends on a number of factors not least the lack of equality. Same sex couples are free to enter civil partnerships or marriage the latter being introduced in 2013.

However the Judge said: “This is not a case where they cannot achieve formal state recognition of their relationship, with all the rights, benefits and protections that flow from such recognition; on the contrary, it is open to them to obtain that recognition by getting married” in reference to the couple’s case.

Categories: Civil Partnerships, Law Students, Lund Bennett

Guide To The ‘Presumption of Death’

A quarter of a million people go missing in the UK every year and this can be extremely distressing for families who are left not only wondering if their relative is dead or alive but later also having to deal with their affairs.

Mention missing persons and one of the first names to come to mind is that of Lord Lucan, who mysteriously disappeared in 1974 never to be seen again. A more recent case involved Manic Street Preachers guitarist Richey Edwards whose body was also never found.

Prior to the Presumption of Death Act 2013, people found it virtually impossible to access to bank accounts, obtain a death certificate or take control of property, assets or titles if someone went missing.

In the case of the Manic Street Preachers guitarist, it took the family 13 years to even register the death. Of course it can’t always be assumed that a person is dead simply because they have gone missing for a few years. There are cases where people come back but since the Presumption of Death act came into force, it at least makes it less stressful for relatives who want to move on in life.

At the time the Act was introduced in 2013, Former Justice Minister, Helen Grant MP said, “The certificate of presumed death that we are introducing is a significant step forward for families who face the terrible situation of losing a loved one and creates a simpler legal framework to ensure bereaved people can better deal with the property and affairs of a loved one who has gone missing and is presumed dead.” Former Justice Minister, Helen Grant MP, March 2013.

If you are affected by any issues relating to the above and require legal assistance, please don’t hesitate to contact our friendly legal team who can advise you.

Categories: Domestic Violence, Family Law, Law Students, Lund Bennett, Presumption of Death

3 Points To Consider If You’re Thinking Of Divorce

The start of the year is often the time when people begin to think about making a fresh start or changing their lives and this can include divorce in some cases. Before proceeding however, it is useful to consider the following questions so that you are better prepared for the often stressful process.

How do I choose the right solicitors?

In divorce cases and particularly if you have children, then specialist family lawyers should be sought. They will have expertise in cases involving children as well as lots of experience in dealing with divorce.

Are there any ways to keep my legal costs down
Divorce can be a costly business but it doesn’t need to leave you in financial ruin. The key is to prepare the details of your case and include everything you want to discuss. Avoid discussing the end of the relationship itself as that will only increase the amount of time your solicitor will be spending on your case and this will lead to higher fees (even if of course we are there to lend a sympathetic ear if there really is nobody else to confide in).

How much money can I get from my ex?
This depends on a number of factors and each case is different. The laws on who gets what date back to 1973 and the world has changed a lot since then. The judge will look at what has been accrued through the marriage and in some cases this will mean that capital is shared equally. If there are children involved, then the person who will take the main responsibility for looking after them will need to receive enough money for a house to live in.

If you’re concerned about getting divorced and the legal issue involved then why not give us a call to see if we can help you out?

Categories: Divorce Law, Lund Bennett