Same Sex Marriage
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Same Sex Marriage

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Description

This New Law Guide examines the legal changes introduced by the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013, and the rights and responsibilities that are afforded to those who register under the scheme, as well as examining the law as it relates to cohabitants, so that the legislation can be seen in context. The CPA 2004 makes provision for Scotland and Northern Ireland but this work confines its analysis to the implications for the law of England and Wales of the CPA 2004 and the MSSCA 2013. It includes an analysis of some of the parliamentary debates, many of which will be relevant in future arguments about the meaning of the statute, in accordance with the rule in Pepper (Inspector of Taxes) v Hart. In addition, there is consideration of some wider material for the purpose of evaluating compatibility of the legislation with Convention rights, including the value judgments inherent in the test of proportionality as suggested in Wilson v First County Trust Ltd. Appendices contain the full text of the MSSCA 2013 and relevant extracts from the CPA 2004. SAME SEX MARRIAGE & CIVIL PARTNERSHIPS - THE NEW LAW provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance, and will be essential reading for all family lawyers, housing lawyers and also chancery practitioners dealing with inheritance claims.
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Product details

  • Paperback | 608 pages
  • 156 x 246 x 33.02mm | 975.22g
  • Family Law
  • Bristol, United Kingdom
  • English
  • New edition
  • New edition
  • 1846618592
  • 9781846618598

Table of contents

* Introduction * The Context: LGBT Law Reform * The Genesis and Scope of the Civil Partnership Act 2004 * The Genesis and Scope of the Marriage (Same Sex Couples) Act 2013 * Registration, Conversion of Civil Partnerships, Recognition of Overseas Relationships, Divorce & Dissolution * Religious Ceremonies * Financial Consequences of Termination * Parents and Children * Immigration * Rights and Responsibilities * Incapacity and Death
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About Mark Harper

Partner, Withers LLP, London, Barrister, No 5 Chambers Barrister, 1 Crown Office Row, Temple, London Partner, Withers LLP, London, Barrister, Tanfield Chambers, London
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Our customer reviews

AUTHORITATIVE COMMENTARY AND AN EXAMINATION OF THE LAW ON SAME SEX MARRIAGE AND CIVIL PARTNERSHIPS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Nine years after the Civil Partnership Act 2004 (CPA), the Marriage (Same Sex Couples) Act 2013 (MSSCA) came into force in March 2014, only four months ago as we write this review. How commendable then – and certainly useful for the legal profession – that, as part of their New Law series, Jordan Publishing Limited has produced this scholarly, detailed and readable book on these two major pieces of legislation, the latter of which can be considered brand new. As the five authors explain, the book draws where appropriate, on statute and case law and in particular, the relevant European Convention on Human Rights jurisprudence. The position of co-habitees is also examined, in other words, those living together, but not within either a civil partnership or marriage. Whatever their orientation, their legal position has remained untouched by the reforms. Confining itself to an explanation of the two pieces of legislation as they concern England and Wales, the book’s main objective is to explain both new laws, referring where appropriate to statute and case law, as well as the impact of the European Convention on Human Rights. Of abiding interest and concern of course, is the MSSCA 2013. The authors have therefore endeavoured to provide perspective and guidance as to its likely meaning, in anticipation of consequent problems and difficulties. Very helpfully, at note 5.50, the book presents a table provided by the Department of Culture Media and Sport, which sets out the similarities and differences between civil partnerships and same sex marriage. Within its more than 600 pages the book examines the legislation over eleven chapters. Particularly interesting is the introduction which discusses the progress, or lack of it, toward enacting similar legislation in a number of other countries. The common thread here is controversy: sometimes leading to acceptance, sometimes not. The subject matter of the book ranges from the context of LGBT Law Reform through to such matters as registration, the financial consequences of termination, immigration and asylum and incapacity and death. Issues of rights and responsibilities are also covered. There is much to admire in this volume including its research resources. In addition to the tables of cases, statutes and statutory instruments, the text of the MSSCA is published in its entirety in the appendix which also includes relevant extracts of the CPA. The book is aimed at, and will be immensely helpful to, a range of specialist lawyers, including family lawyers, housing, immigration and asylum lawyers and chancery lawyers handling or advising on inheritance claims. The publication date is cited as at May 2014.show more
by Phillip Taylor MBE