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The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.
The Civil Partnership Act 2004 (which came into force in December 2005) enables lesbians and gay men to enter into civil partnerships (legal relationships akin to marriage) and are thus only open to same sex couples. Unlike marriage no religious service is permitted whilst the Registrar is officiating at the formation of the civil partnership.
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Advertising copy approval鈥攃hecklist This Checklist sets out the key issues for consideration when approving advertising copy. It aims to help advertisers and their legal advisers ensure that their print advertising complies with the legal and self-regulatory rules including, eg the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For more information on advertising regulation generally, see Practice Note: Advertising law and regulation. The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Introductory considerations 鈽 Have you checked the CAP Code and CAP鈥檚 Formal Guidance, as well as relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast ads are subject to legislation as well as the CAP Code. For more information, see Practice Note: Advertising law and regulation. 鈽 Have you considered...
Procedural guide鈥攁pplications under Schedule 1 to the Children Act 1989 An application under Schedule 1 to the Children Act 1989 (ChA 1989) will proceed in accordance with the standard procedure, unless the application is for periodical payments only (ie no capital orders are sought). Similarly where an application is made to vary an order, the fast-track procedure will only apply if the application concerns the variation of a periodical payments order and no form of capitalisation is sought. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under ChA 1989, Sch 1 is made in the Family Court and allocated to a district judge. See Practice Notes: Procedure鈥擲chedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily concerned with applications under the standard procedure. The pre-action protocol and overriding objective defined in the Family Procedure Rules 2010 (FPR 2010) apply to applications under ChA 1989, Sch 1鈥攕ee Practice Note: Financial proceedings鈥攑re-application requirements鈥擯re-application protocol (FPR 2010, PD 9A, Annex)....
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This Practice Note looks at the definition of civil partnership as set out in the Civil Partnership Act 2004, as amended from 2 December 2019 to include opposite-sex couples. It explains the formalities required to form a civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two people of the same sex. However, from 2 December 2019 the Civil Partnership (Opposite-sex Couples) Regulations 2019 (CP(O-sC)R 2019), SI 2019/1458 are in effect and the eligibility criteria in CPA 2004 amended to allow opposite-sex couples to register a civil partnership in England and Wales. The Marriage and Civil Partnership (Minimum Age) Act 2022 (MCP(MA)A 2022) which is in force from 27 February 2023 amends CPA 2004 by increasing the minimum age for civil partnership to 18 (as opposed to 16) bringing an end to provisions allowing for 16鈥17-year olds to enter a civil partnership with parental or judicial consent (see: LNB News 10/08/2022 22).The extension of civil partnerships to opposite-sex couples followed a campaign for...
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below:This Practice Note is an overview of the...
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Spouses, civil partners and unmarried partners under Appendix FM: in鈥攃ountry switch鈥攍etter in support from applicant partner [Insert your current residential address] [Insert Home Office address to which the application is being sent] [Insert date] Dear [insert organisation name] Application for leave to remain as a [spouse OR civil partner OR unmarried partner]聽under Appendix fm of the Immigration Rules I confirm that I am a [insert nationality] national and am the [spouse OR civil partner OR unmarried partner]聽of [insert name of sponsoring partner]. My date of birth is [insert date of birth] and I am currently [insert age]. I confirm that I am not related to [insert name of sponsoring partner] in a way that is prohibited for [marriage OR civil partnership]聽in the UK. [I am currently living in the UK with leave to [enter OR remain] as [insert current immigration status] OR My last granted leave to remain as [insert last granted immigration status] expired on [insert date of expiry of leave,...
Letter to client confirming issue and service of an application for divorce or dissolution (post-DDSA 2020) Dear [insert client鈥檚 name] [Divorce OR Dissolution] I confirm that the application has been issued by the court and served on your [husband OR wife OR civil partner]. I enclose a copy of the issued application for your records. The next step is for your [husband OR wife OR civil partner] to file an acknowledgment of service within 14 days beginning with the date on which the application was served. This means that they must file the acknowledgment of service by [insert date] if they are using the online system. If they are not using the online system, then we will be notified as to the date they are required to file the acknowledgment of service by. [As your [husband OR wife OR civil partner] is outside of England and Wales, that period of time is extended to [insert date].] Your [husband OR wife OR civil partner] can only...
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On an application under section 17 of the Married Women鈥檚 Property Act 1882/section 66 of the Civil Partnership Act 2004, can the court make a declaration that the legal owner of real property has no beneficial interest in it? The court can make a declaration as to the beneficial ownership of property under section 17 of the Married Women's Property Act 1882 (MWPA 1882) or section 66 of the Civil Partnership Act 2004 (CPA 2004). MWPA 1882, s 17 allows either party in a dispute between husband and wife regarding the title to or possession of property to apply to the court, which may make such order with respect to the property as it thinks fit. CPA 2004, s 66 provides corresponding provisions for civil partnerships. In S v J, the court made a series of declarations following an extensive fact-finding exercise regarding the parties鈥 beneficial interests in four substantial properties. The application was brought under MWPA 1882 as the parties were engaged but had never formally married due...
Can you rely on without prejudice correspondence as evidence of service of a divorce petition? A divorce petition may be served by way of personal service in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.7, or by first-class post or other service which provides for delivery on the next business day in accordance with FPR 2010, PD 6A. Alternatively, where FPR 2010, SI 2010/2955, 6.11 applies (where the respondent has a solicitor acting for them and the applicant has been notified in writing that the solicitor is instructed by the respondent to accept service of the application), by way of document exchange. In the first instance, the petition will usually be served by first-class post along with an acknowledgment of service. If the respondent files a completed acknowledgment of service, the petition will be deemed served (FPR 2010, SI 2010/2955, 6.15). If no acknowledgment of service is received, in order to satisfy the court that decree nisi should be granted, service of the...
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This week鈥檚 edition of Family weekly highlights includes details of the changes to the HMCTS Family Public Law service to improve the Form C110a application journey and a speech delivered by the Master of the Rolls, Sir Geoffrey Vos, at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System in resolving disputes, together with the new Online Procedure Rules (Specified Proceedings) Regulations 2025. The Court of Appeal鈥檚 clarification of whether a local authority with a care order for a child can consent to that child's confinement is analysed. Recent judgments, including the application for the appointment and funding of a lay advocate and declaration of non-parentage post-adoption are included.
This week's edition of Public Law weekly highlights includes coverage of the UK-India free trade agreement which includes provisions opening access to India鈥檚 拢38 billion public procurement market. Also in this edition, publication of the Ministry of Justice (MoJ) annual Law Commission implementation report for 2023鈥2024, detailing progress on legal reforms in England and Wales, the Joint Committee on Statutory Instruments (JCSI) twenty-second report of the 2024鈥2025 session, and the Select Committee on Statutory Instruments (SCSI) seventh report of the 2024鈥2025 session. Case updates include the Court of Appeal鈥檚 ruling in R (Duke of Sussex) v SSHD, concerning RAVEC security decisions and arrangements; the Court of Appeal鈥檚 ruling in R (National Council for Civil Liberties) v SSHD, which found that amendments to protest laws exceeded statutory powers; the High Court鈥檚 decision in R (Frederick Ayinde) v London Borough of Haringey, where a wasted costs order was upheld against legal representatives for use of fake case citations in judicial review pleadings; a TCC ruling on use of privileged documents inadvertently disclosed...
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