Same-sex marriage but not mixed-sex partnerships: should the Civil Partnership Act 2004 be extended to opposite-sex couples?

2017 ◽  
pp. 343-364
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Civil Partnership ◽  
Opposite Sex

1. The formation of adult relationships

2020 ◽  
pp. 3-74
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Gay And Lesbian ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Adult Relationships ◽  
The Road ◽  
Civil Partnership ◽  
Opposite Sex ◽  
The Law ◽  
Legal Consequences

This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage and the extension of civil partnership to opposite-sex couples; and the legal consequences of marriage.

10. Civil Partnership Act 2004

Family Law ◽  
2020 ◽  
pp. 92-94
Author(s):  
Roiya Hodgson
Keyword(s):  
Third Parties ◽  
The State ◽  
Legal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Opposite Sex

This chapter discusses the scope of the Civil Partnership Act 2004 (CPA 2004) which came into force on 5 December 2005 and the formation of civil partnerships. It outlines civil partnership and same-sex marriage under The Marriage (Same-Sex Couples) Act 2013. It also explains the differences between civil partnership and marriage. Once a partnership has been formed, civil partners assume many legal rights and responsibilities for each other, third parties, and the State. It does explain that adultery, however, is not a fact to establish the ground for dissolution of a civil partnership as it is in marriage. The Civil Partnership (Opposite-sex Couples) Regulations 2019 are also outlined.

scholarly journals JUSTIFIABLE DISCRIMINATION: THE CASE OF OPPOSITE-SEX CIVIL PARTNERSHIPS

2017 ◽  
Vol 76 (2) ◽  
pp. 243-246 ◽  
Author(s):  
Andy Hayward
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Public Expression ◽  
Unusual Position ◽  
Opposite Sex ◽  
English Law

OPPOSITE-SEX couples are prohibited from forming a civil partnership. Following the introduction of same-sex marriage, the Civil Partnership Act 2004 was not extended to opposite-sex couples, resulting in the unusual position that English law permits same-sex couples access to two relationship forms (marriage and civil partnership) yet limits opposite-sex couples to one (marriage). This discrimination was recently challenged in the courts by an opposite-sex couple, Rebecca Steinfeld and Charles Keidan, who wish to enter a civil partnership owing to their deeply-rooted ideological opposition to marriage. Rejecting marriage as a patriarchal institution and believing that a civil partnership would offer a more egalitarian public expression of their relationship, the couple argued that the current ban constitutes a breach of Article 14 read in conjunction with Article 8 of the European Convention on Human Rights.

Marriage: Obligations, Benefits, and Access

Just Married ◽  
2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Special Obligations ◽  
The Future ◽  
Opposite Sex ◽  
The Many

This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on the special privileges or benefits that spouses acquire in marriage, those are balanced by special obligations. The chapter suggests that the whole package seems reasonably appropriate for both opposite-sex and same-sex couples. It also considers the ways in which marriage seems to promote the good of spouses, children, and society, along with the class divide that now characterizes marriage and parenting. It argues that this class divide, not same-sex marriage, is the great challenge for the future.

2. The Formation and Recognition of Adult Relationships:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Forced Marriage ◽  
Same Sex Marriage ◽  
Adult Relationships ◽  
Questions And Answers ◽  
Opposite Sex ◽  
The Difference ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.

10. Civil Partnership Act 2004

2019 ◽  
pp. 92-94
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Third Parties ◽  
The State ◽  
Legal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership

This chapter discusses the scope of the Civil Partnership Act 2004 (CPA 2004) which came into force on 5 December 2005 and the formation of civil partnerships. It outlines civil partnership and same-sex marriage under The Marriage (Same-Sex Couples) Act 2013. It also explains the differences between civil partnership and marriage. The CPA 2004 enables same-sex couples to form legally recognized civil partnerships. Once a partnership has been formed, civil partners assume many legal rights and responsibilities for each other, third parties, and the State. It does explain that adultery, however, is not a fact to establish the ground for dissolution of a civil partnership as it is in marriage.

1. Family relationships, marriage, civil partnership, cohabitation

2020 ◽  
pp. 1-17
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Family Relationships ◽  
Common Law ◽  
Same Sex ◽  
Forced Marriage ◽  
Essential Information ◽  
Same Sex Marriage ◽  
Civil Partnership ◽  
Joint Ownership ◽  
Definition Of ◽  
The Relationship

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 an exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on family relationships, marriage, same sex marriage, civil partnership, forced marriage, and cohabitation, beginning with a discussion of the absence of a widely acceptable definition regarding the concept of ‘family’. It examines how marriage was defined in Hyde v Hyde (1866), and the definition of civil partnership under the Civil Partnership Act 2004. The concept of ‘common law marriage’ and the rights of those cohabiting is considered, along with the importance of formalities to end marriage and civil partnership. It also highlights the rights of parties to a marriage or civil partnership to acquire rights over property during the relationship on the basis of trusts law or proprietary estoppel. Finally, it looks at calls to reform the law in relation to cohabitants, particularly with regard to joint ownership of property.

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