Cohabitation - Page 5

A bill, which if passed, would enable opposite sex couples to enter a civil partnership, will proceed to the House of Lords after passing its second reading.

Since 2004 only same-sex couples in the United Kingdom could be in a civil partnership which gives them the same rights, responsibilities and entitlements as married couples in key areas.

The milestone move to extend civil partnerships to heterosexual couples has been championed after the Supreme Court ruled that current laws are discriminatory to restrict civil partnerships to gay couples and incompatible with the European Convention on Human Rights.

The case centred on 37-year-old Rebecca Steinfeld and 41-year-old Charles Keidan who met in 2010, became engaged in 2013 and have two children.

Saying the “legacy of marriage”, which they believed treated women as property for centuries, was not for them, the duo became embroiled in a long legal battle for a civil partnership which they felt would best suit their relationship and life circumstances.

Civil partnerships are widely believed to give unmarried couples and their children greater security. Couples in these partnerships and married couples have the same rights regarding their children and applying for child arrangement orders and relating to financial remedies which include maintenance and property rights.

The similarities extend to protection from domestic abuse, inheritance claims and the process which must be followed to dissolve the relationship – with a decree absolute required to terminate a marriage and what is called a final dissolution order or nullity order needed to terminate a civil partnership.

However, whereas in a marriage adultery is one of the five reasons for divorce, civil partnerships cannot be dissolved due to adultery. The second main difference between civil partnerships and marriages is that civil partners cannot regard, or allude to themselves as being ‘married’.

The bill paving the way forward for heterosexual couples to enter into civil partnerships requires Royal Assent to become law.

With over 3.3 million cohabiting couples in Britain, many of whom have children, the outcome for those seeking an alternative way to cement their relationship and commitment will no doubt be eagerly awaited.

However, no matter what drawbacks there may be, a civil partnership offers a good deal of security and is better than the “no man’s or no woman’s land of cohabitation when there may be no rights at all.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

Civil Partnerships Bill proceeds to committee in House of Lords

Amendments to be laid before the House in committee

Featured Photo by Gavin Penor on Unsplash

For most couples expecting a child, the choice of which hospital to go to is one of the decisions they have to make on the road to parenthood.

In the case of St Albans couple David Kiff and his pregnant Chinese wife Wanwan Qiao this choice was made more complicated by the fact that her spousal visa to remain in the UK was initially denied, and the couple have now been waiting seven months for a decision on her latest application.

With Wanwan due to give birth in September the Home Office granted a four-month extension to her stay, but this runs out in December.

The question for the couple is what to do should the visa not be renewed and Wanwan is deported, presumably taking her new-born child with her.

Whilst not related specifically to EU law, Mr and Mrs Kiff`s dilemma points to the difficulties likely to face many EU families in the aftermath of Brexit.

With Brexit negotiations over the reciprocal arrangements guaranteed to citizens under EU law still to properly begin the ease with which citizens from other parts of the EU will be able to return to their lives in the UK is very much up in the air.

Other stories are emerging every day – the BBC`s Victoria Derbyshire Show reported recently on the case of Estelle Degnan, an Anglo-French student who has lived in the UK with her British mother since she was six.

Because Estelle does not have comprehensive health insurance as a “foreign” student her application for permanent residency in the UK was rejected.

Confusingly, her sister Clara was granted British Citizenship, as she was still at school at the time. The likelihood is that whatever arrangements emerge for current EU citizens wanting to live in the UK there will be corresponding procedures and requirements for UK citizens wishing to reside in other EU countries.

Imagine the complexities where family relationships have broken down, leading to separation or divorce, with situations where one parent decides to return to their home country or move elsewhere with their children. How will these families agree access arrangements? Which courts will decide matters, British courts or EU?

This issue is not only a matter of UK versus EU courts. There are even contradictions within our own legal system, as UK family law and current immigration law do not always follow the same path.

Figures from the Office of National Statistics claim that 27.5% of births in 2015 were to women born outside the UK, and we can assume that a substantial percentage of babies were fathered by men who were born outside Britain. So potentially a quarter of all families in the UK may face these acutely personal problems.

The Government issued a paper in August 2017, setting out its` views on future legal arrangements between Britain and the EU. The opening statement reads: “In leaving the European Union, we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union.”

In interviews this week Teresa May also stated clearly that: “When we leave the European Union we will be leaving the jurisdiction of the European Court of Justice. We will take back control of our laws”.

However, experts in European law have suggested that if the UK wants to remain closely linked to the single market and customs union we will have to adhere closely to European Court of Justice rulings.

Justice Minister Dominic Raab admitted as much in saying that Britain would need to keep “half an eye”  on ECJ jurisdiction.

Sadly none of these proposals will be of much consolation to the thousands of UK and EU citizens, like Estelle Degnan,  currently caught up in the muddle of contradictory rules, regulations and arguments, and as yet there seems to be no clear path to resolving the issues of residency, relocation, access and family relationships.

The sooner things are clarified the better for all of us.

For expert legal advice on issues of foreign jurisdiction and family law please contact Heidi Fleming at Bretherton Law on 01727 869293, or email heidifleming@brethertonlaw.co.uk

For further information on the topics raised in this article go to:

http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-41012762

http://www.bbc.co.uk/news/av/uk-41030219/it-s-unfair-i-came-to-the-uk-aged-six

https://www.lawgazette.co.uk/law/practice-points/brexit-and-relocating-with-children-overseas-mind-the-immigration-and-family-law-gaps/5062521.article?utm_source=dispatch&utm_medium=email&utm_campaign=%20GAZ141016

https://www.gov.uk/government/publications/enforcement-and-dispute-resolution-a-future-partnership-paper

ABOUT HEIDI FLEMING

Heidi qualified as a Solicitor in England and Wales in 2009. She initially practised in Yorkshire and then as a Solicitor overseas in Gibraltar. She was subsequently called to the bar in Gibraltar in 2015. Heidi relocated to St Albans in late 2016 to join Bretherton Law‘s Family Department as a Senior Associate.

Heidi specialises in Family Law advising on high net worth Divorce, Nullity, Cohabitation, Financial Remedy, children matters and domestic violence cases.

Heidi also has experience in representing children, parents and other relatives in public law proceedings involving social services.

She is a member of the Law Society’s Children’s Panel and is able to represent Children within Private and Public Law proceedings.

The reasoning behind divorces ranges from the unique and shocking to the textbook irritation of spouses.

The latter is very much commonplace in married life and can often result in the demise of holy matrimony.

Although the divorce rate in the UK has dropped quite a bit over the last few years, there are still plenty of people who find themselves with seemingly no choice but to part ways.

In some cases, a divorce is the result of a couple growing apart or some unavoidable circumstance.

But in many other situations, certain actions or behaviour have been the main reason for the destruction of a relationship, ensuring the marriage ends in divorce.

In this article, we’ll take a look at a few of the day-to-day and long-term issues that will make sure your marriage stands next to no chance of lasting.

Step One: Rude and Unreasonable Behaviour

From a very young age, we are taught the importance of good manners, and whether it’s in a social or professional environment, they can make or break relationships.

Not only is rudeness and being unreasonable hurtful to the one that you love; it’s also an embarrassing trait to have in social situations.

If you’re interrupting people, being rude to their friends or family, or prioritising your own time over that of your partner’s, you’re ticking all the boxes for snappy separation.

If rudeness is a recent development that a couple fails to acknowledge and attempt to find the source of the irritation, there’s a good chance it will mean curtains for the relationship.

No-one should have to deal with rudeness on a daily basis. The workplace is somewhere you might expect it, but not at home where you want to relax. Good manners don’t cost a thing — a phrase you should always keep in mind.

Step Two: All Work and No Play

There’s no doubt a successful career is something that most people strive to achieve, and doing so is a huge benefit to support a family and all of the responsibilities that go with it.

That said, individuals who spend a significant amount of their time focusing on their work life will often see their personal life suffer as a result.

This is especially prominent for small business owners — of which there are many in the modern business world — as they are responsible for an entire company and all of the duties it entails.

By spending the majority of your time working on the various aspects of your professional life, your career will undoubtedly benefit. But, in the process, there’s a good chance it will cost you your marriage.

Step Three: Be Financially Unreliable

Now, this may sound like a contradiction to our previous point, as you’ll have to work a fair amount to be able to support your family.

But in this case, we aren’t speaking about your ability to make money; it’s more your ability to maintain it and be trustworthy with the funds you do have in the bank.

Becoming unreliable with money could be down to any number of reasons, whether it’s in regards to your professional life such as investments, or your personal life, where habits and addictions can come into play.

No matter the reason, it causes a massive strain on your family, both emotionally and financially.

If you have to bail yourself out with the money needed for bills and other essential payments, you’re sure to find that the next asset that leaves your side will be your partner.

Step Four: Dishonesty

This is a big one! Trust is one of the cornerstones of any relationship.

Dishonesty is an efficient way to diminish the trust in a marriage and ensure an eventual divorce. As you read this, you’ll probably be imagining the big lies that ruin marriages, such as cheating or lying about money.

But in reality, many of the lies that bring a marriage to its knees are day-to-day happenings that don’t even need to be lied about. It’s often not the lie itself. It’s the principle of your partner being a dishonest person.

Lies — yes, that includes ‘white lies’ as well — aren’t the only form of dishonesty that can cause significant problems.

If you have knowledge of something that could undermine your relationship or have a major effect on your family, but decide to keep schtum, then you’re just as dishonest as those with pants on fire.

The reasons for divorce are always unique and relate to the situation of the two people involved.

But, when it comes down to the basic reasoning of why the marriage didn’t run its course, the points mentioned above are often the culprits. These four steps are very common and, when put into effect — and the recipient is pushed to their limit — they will ensure that your marriage fails.

About Clayton Miller

Clayton Miller is a family lawyer based in London and the lead partner of KMJ Solicitors. His firm provides legal advice on matters relating to family law — from prenuptial agreements to child care arrangements to divorces.