Part V Family Law, 23 Declarations

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Marital Status ◽  
Family Law ◽  
Same Sex ◽  
Same Sex Couples ◽  
Child Abduction ◽  
Civil Partnership ◽  
The Family ◽  
Statutory Power

This chapter examines the power of the courts, both under their inherent jurisdiction and by statute, to make declarations as to marital status. For many years, the courts had statutory power to grant declarations of legitimacy, legitimation, and the validity of a marriage or whether the petitioner is a British subject. However, there was no power to declare the invalidity of a marriage by declaration: that had to be done in nullity proceedings. This chapter discusses the relevant provisions of Part III of the Family Law Act 1986 relating to declarations as to marital status; declarations of parentage, legitimacy, or legitimation; and declarations as to adoptions effected overseas. It also considers the relevant provisions of the Child Abduction and Custody Act 1985, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, and Presumption of Death Act 2013.

scholarly journals “Family” as a legal concept

Revista CS ◽  
2015 ◽  
pp. 91-109
Author(s):  
Isabel Cristina Jaramillo Sierra ◽  
Helena Alviar
Keyword(s):  
Social Policy ◽  
Subject Matter ◽  
Legal Theory ◽  
Family Law ◽  
Same Sex ◽  
Legal Concept ◽  
Same Sex Couples ◽  
The Family ◽  
Proper Definition

The concept of “family” plays an important role in the way national legal regimes distribute both power and resources. However, the idea of what a family is or should be is not univocal for all branches of law. In this paper we wish to contribute to feminist thinking about the law and to legal theory in general, by showing the contradictions and gaps in law’s incorporation of the legal concept of the family and their distributive impact. We use the notion of conceptual fragmentation to refer to the irregular manner in which family as a legal concept lands into the realms of diverse fields of law at different moments in time and with different emphasis. We argue that conceptual fragmentation makes connections through time and subject matter invisible, and therefore makes it harder to have a critique of the role of the family, treated as a legal concept, in the oppression of women. We establish that conceptual fragmentation is not irrational or incoherent but rather patterned in ways that correspond to the losses of women in contemporary societies. We use the case of colombian law to illustrate the stakes involved in defining the family and the operations that we call fragmentation. In particular, we explain how family law exceptionalism was produced, the importance of the legal concept of the family within family law and its ambivalence as to the proper definition, and the evolution of the concept of family within social policy. We argue that even if the stakes of the family seem to be all for same sex couples, in so far as “family” is still about reproduction and distribution, we should be vigilant about how women fare in the conceptual turns that seek to bring us closer to the natural family.

scholarly journals Association between marital status and mental health among cohabitating same-sex couples in the UK

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
D Hagen ◽  
E Goldmann
Keyword(s):  
Mental Health ◽  
Marital Status ◽  
General Health Questionnaire ◽  
Large Body ◽  
Inverse Association ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
The Uk

Abstract Background A large body of research suggests that the formalisation of opposite-sex relationships is associated with favourable mental health outcomes, particularly among males. Despite the recent introduction of same-sex civil partnership and/or marriage in many countries, there is little evidence as to whether this salutary effect of formalised partnership extends to same-sex couples. Methods Using data from wave 8 (2016-18) of Understanding Society: the UK Household Longitudinal Study (UKHLS), respondents living with a same-sex partner were included in the analytical sample (n = 225). Respondents from Northern Ireland were excluded, as same-sex marriage did not exist there at the time of data collection. Mental health status was assessed using the General Health Questionnaire (GHQ)-12 (range: 0-36) and the established cut-off point of 11/12 to identify psychiatric caseness. The association between marital status (marriage, civil partnership, and cohabitation only) and psychiatric caseness was examined in logistic regression models in the overall sample and stratified by sex. Results A total of 112 respondents (40%) were cohabitating, 81 (40%) were living in civil partnership, and 32 (19%) were married. In bivariable analyses, respondents living in civil partnership had a lower prevalence of psychiatric caseness (30%) than those who were married (50%) or cohabitating only (51%) (p = 0.041). In models adjusted for age, sex, and education, civil partnership was associated with 84% reduced odds of psychiatric caseness (95% CI: 0.39-0.66) compared to cohabitation among females; no statistically significant effect was found for marriage or among males. Conclusions This study provided evidence of a inverse association between civil partnership and psychiatric caseness among females in same-sex couples. Given that same-sex marriage was only introduced in England, Wales, and Scotland in 2014, further research will be needed as more same-sex couples formalise their relationships.

The challenge of Populist Radical Right Parties to Europeanization – the cases of Estonia and Latvia, 2018-2021

2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs
Keyword(s):  
Western Europe ◽  
Family Law ◽  
Same Sex ◽  
Member States ◽  
Legal Recognition ◽  
Political Actors ◽  
East European ◽  
Same Sex Couples ◽  
Eu Member States ◽  
Definition Of

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Family Formation and Parenthood

2020 ◽  
pp. 220-254
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Family Life ◽  
Family Formation ◽  
Same Sex ◽  
Same Sex Couples ◽  
New Methods ◽  
New Family ◽  
The Family ◽  
Reproductive Techniques ◽  
The Right ◽  
The Way

This chapter examines the interpretation of ‘family life’ under Article 8 and the way that this has evolved throughout the Court’s history. It contrasts the approach of the Court to ‘family life’ between children and mothers, with ‘family life’ between fathers and children, noting the focus of the Court on function over form. It then turns to the establishment of parenthood, both in terms of maternity and paternity, as well as the right of the child to establish information concerning their origins. Finally, the chapter examines the changing face of the family, considering new family forms, including same-sex couples and transgender parents, as well as new methods of reproduction, such as artificial reproductive techniques and surrogacy.

3. Divorce, dissolution, and judicial separation

2017 ◽  
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Family Law ◽  
Essential Information ◽  
Civil Partnership ◽  
The Family ◽  
Court Process

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on divorce, dissolution, and judicial separation as means of ending marriage or civil partnership. It first considers the grounds for divorce/dissolution and highlights five facts that can be used to prove a marriage has irretrievably broken down: adultery, behaviour, desertion, two years’ separation with consent, and five years’ separation. The chapter then compares no-fault divorce with divorce based on fault and provides an overview of the Family Law Act 1996 and considers mediation as a way to resolve these sorts of disputes. Finally, it examines mediation as an alternative to the court process when dealing with divorce, dissolution, and judicial separation.

Family Law 2018

2018 ◽  
Author(s):  
Jane Sendall
Keyword(s):  
Child Support ◽  
Family Law ◽  
Public Funding ◽  
Civil Partnership ◽  
Complex Processes ◽  
The Family ◽  
The Subject ◽  
Self Test ◽  
Relationship Breakdown ◽  
First Interview

Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.

Part V Family Law, 21 Marriage and Other Adult Relationships

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Family Law ◽  
General Rule ◽  
Same Sex ◽  
Choice Of Law ◽  
Adult Relationships ◽  
Civil Partnership ◽  
Polygamous Marriage ◽  
Formal Validity ◽  
General Rules

This chapter examines the choice of law rules governing the formal validity of a marriage and those rules governing its essential validity or capacity to marry. It first considers the general rule governing the formalities of marriage as well as exceptions to the general rule before discussing the two main theories on the capacity to marry. It then looks at the reform of general rules on marriage, what law determines the nature of a marriage, the capacity to contract a polygamous marriage, and recognition of polygamous marriages in England. It also analyses the rules governing civil partnership and de facto cohabitation and concludes with an overview of special problems posed by polygamous marriages and same sex unions.

Atrocity stories and triumph stories

2014 ◽  
Vol 24 (2) ◽  
pp. 200-217 ◽  
Author(s):  
Mike Thomas
Keyword(s):  
Public Policy ◽  
Empirical Research ◽  
Policy Impact ◽  
Marriage Equality ◽  
Same Sex ◽  
Gay Couples ◽  
Same Sex Couples ◽  
Lesbian And Gay ◽  
Civil Partnership ◽  
The Uk

This paper investigates conflicting narratives available to lesbian and gay couples as a result of marriage and civil partnership. Whereas marginalisation may have made stories of exclusion particularly resonant for same-sex couples, marriage and civil partnership offer scope for new stories around inclusion and equality. Drawing on empirical research with married and civil partner same-sex couples in the UK, US and Canada, the paper contrasts couples’ atrocity stories with new stories about acceptance and inclusion. The paper argues that these new stories should be seen as triumph stories that point towards a tangible impact arising from marriage equality and civil partnership. However, the presence of atrocity stories alongside these triumph stories provides evidence of a more limited policy impact. In conclusion, the paper highlights the relevance of atrocity stories in an emerging area of public policy, as well as the likelihood of triumph stories being relevant in other contexts.

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