As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
In the context of society at large, the law continues to be a relatively conservative entity that is not always entirely at ease with the more recently recognised family set up. Most lawyers would rarely encounter same-sex partners seeking a divorce, not least because the Marriage (Same Sex Couples) Act 2013 only came into force in March 2014. In view of the fact that same-sex couples have to be married for one year before they can seek a divorce, having a divorce in a same-sex marriage has only been possible in England and Wales for just over two years, whereas there is over 40 years of case law that applies for opposite-sex couples. For same-sex couples each set of circumstances is new, so it is important to find a lawyer with whom you can be fully at ease.
One of the supporting facts for a divorce is adultery. However, in the eyes of the law, it is only possible to commit adultery with someone of the opposite sex; so a same-sex spouse cannot commit adultery with someone of the same sex. Some might feel that a betrayal of that nature ought to have similar consequences, regardless of whether the person was of the opposite sex or not.
The powers of the court in making financial orders are identical in same-sex marriages as they are in opposite-sex marriages, but the way in which they are applied can differ. The focus continues to be on achieving fairness, but not necessarily to treat same-sex couples identically to opposite-sex couples. A party’s gender can affect their earning capacity and the court’s assessment of their needs. Similarly, the gender dynamic in an opposite-sex couple’s relationship may prioritise the husband’s career, where the wife bears the children. The court then needs to address the gender-related economic disadvantage to her that can occur.
In the past it may well have been uncommon for male same-sex couples to bring up children together, and more common for female couples to have children from previous relationships, but this is no longer the case and doesn’t merit different expectations or treatment.
For further information
To find out more about how Anthony Collins Solicitors can support you through a same-sex divorce or civil partnership dissolution and marriage and relationship challenges, please contact Elizabeth Wyatt. Similarly, opposite-sex couples face similar challenges when getting divorced; they are outlined here.
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
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