Posts Tagged ‘marriage’

Gay Marriage – What’s the Big Deal?

Last night the House of Commons voted in favour of the bill to allow gay marriage. The bill provoked huge debate both inside and outside the Commons, with the newly appointed Archbishop of Canterbury making his first political intervention by confirming the Anglican church’s view that religious marriage can only exist between a man and a woman.

But what’s the big deal? Since December 2005 it has been possible for same sex couples to register their partnership as a civil partnership. Civil partnership is akin to civil marriage and, in almost all respects, is legally equivalent. Civil partners enjoy the same tax treatment as married couples, financial settlements on dissolution of a civil partnership are the same as on divorce, civil partners can acquire parental responsibility for each other’s children in the same way as married couples and civil partners may adopt a child or apply for a parental order (in respect of a surrogate child) in the same way as a married couple. However, some differences between civil partnership and civil marriage remain. For example, although the divorce process for a civil partnership (known as dissolution) is the same, the grounds for dissolution are slightly different. And then there is the thorny issue of international recognition. The recognition provisions are patchy and can give rise to very different rights and responsibilities to those which apply in the home country.

So why not remove the differences by allowing same sex couples to marry if they wish to do so? Supporters of gay marriage argue that excluding same sex couples from marriage is discriminatory. Why should they not enjoy the same rights as other married couples? By bringing forward this bill the Government recognises the anomalies as far as civil partnership and civil marriage are concerned. It may take time to win over the sceptics, particularly some religious organisations, but a move towards gay marriage makes perfect sense in our modern world.

At Family Law in Partnership we have extensive experience in dealing with all aspects of civil partnership from negotiating civil partnership agreements to negotiating the dissolution and separation process. If you are considering registering a civil partnership or have already registered your partnership and want to understand how the law might impact on you, please feel free to call us on 020 7420 5000 for an informal chat.

Civil Partnerships = Gay Marriage?

There is considerable confusion about the meaning of civil partnership.  Is it something new or is it gay marriage?  The answer is that, save for relatively minor differences, it is the same and provides the same legal rights between civil partners as are enjoyed by married people.

 So is it discriminatory that we call what is effectively gay marriage, civil partnership?  The answer, clearly, is that it is.  It is discriminatory to gay people who wish to marry and discriminatory to heterosexual people who may wish to enter into a civil partnership.  But let’s face it, there are bigger and more important issues to worry about.

Do you believe that true equality requires equality of language?    

If you would like more information about marriage, divorce or civil partnerships please contact us at info@flip.co.uk

Top Tips for planning nuptial agreements

The UK Supreme Court has recently said that:

 “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”

 These agreements need to be:

  • Freely entered into by both parties
  • Understood in terms of their effect by both parties
  • Fair

 With these criteria in mind these are some points to consider before embarking down the pre- nuptial agreement road in England and Wales:

 1.       Plan ahead. Raise the subject with your partner well in advance of your wedding or civil partnership. Good practice suggests the agreement must be signed at least 3 weeks before the ceremony so this means you should be thinking about taking advice at least 3 months before to allow time for negotiations to take place.

 2.       Do not agree to anything without first taking advice from a solicitor. Ideally you will each have independent advice from a specialised family lawyer who can fully advise you of the implications of the agreement. Inevitably the purpose of the agreement is to alter the rights that you would otherwise expect on marriage/civil partnership.

 3.       Do not put any pressure on your partner to sign the agreement and do not sign the agreement because you feel under pressure to agree from your partner or a member of their family.

 4.       If they are available consider using collaboratively trained lawyers to work with in drafting the agreement. Collaborative lawyers work in a way that means no drafting is done until a meeting is held between the lawyers and the couple to discuss what the purpose of the agreement is and what it is to say.  This way you are more likely to feel that your point of view and your concerns are heard and dealt with.

 5.       Make sure you and your partner provide each other with at least a summary of your / their financial position as it is at the time including any expected inheritances. Although this is not essential it will be safer as it means the full implications of the agreement can be explained to you.

 6.       Never enter into a nuptial agreement in the hope that it is unenforceable so do not sign an agreement unless you are happy with its terms.

  •  Tips 2- 6 are also useful for those people who are already married or in a civil partnership and considering a post-nuptial agreement.

  

For more information contact info@flip.co.uk