Lawrence v Gallagher [2012] EWCA Civ 394 – Law Journals

Cohabitation: Doublespeak

James Carroll and Shantel Burbridge highlight the disparity in the courts’ approach to cohabitation that precedes marriage or civil partnership, and cohabitants who do not marry or enter into a civil partnership ‘Figures from the Office of National Statistics (July 2016) show that there has been an increase in those who are cohabiting but have …

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International Focus: Across the channel

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Monique Fauchon highlights how same-sex marriage proposals in Britain and France shine a spotlight on the need for consistency across different jurisdictions’ legal systems The French system sees no difference between legitimate and illegitimate children – children are still entitled to inherit equally from both parents whether they were married or not. The issue of …

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Same-Sex Marriage: Same difference?

Catherine Morgan looks at the government plans for same-sex marriage and compares them with civil partnership and opposite-sex marriage There is separate terminology used for the creation, existence and dissolution of civil partnerships (compared to marriages) that suggests a more stark contrast than indicated by an analysis of the legal protections and frameworks in place. …

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Civil Partnership: Same difference

Peter Burgess and Kay Drage discuss the implications of the Court of Appeal decision in Lawrence v Gallagher ‘Thorpe LJ confirmed that the language in Schedule 4 of the CPA 2004 (which is identical to the language of s25 of the Matrimonial Causes Act 1973 (MCA 1973)) has the same effect in law, and that …

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International Focus: Across the border

In the first of a two-part analysis Hannah Minty and Sally Nash compare the differences in practice between financial provision in England and Wales and in Scotland ‘Scottish courts do not regard themselves as having an overriding jurisdiction in dealing with financial provision upon divorce and any agreement reached between the parties.’ In recent months …

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