Same Sex Marriage and Civil Partnerships: The New Law
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Why should you buy Same Sex Marriage and Civil Partnerships: The New Law
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.
"scholarly, detailed and readable book on these two major pieces of legislation, the latter of which can be considered brand new ... 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" Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"This is an extremely timely and very interesting book whose depth and breadth goes way beyond its title. Written accessibly, well researched and with really excellent historical content, interesting political context setting and very informative detail and analysis of the law, it very clearly addresses the statue and case-law in this area. As the book rightly states, it is impossible to cover same-sex marriage and civil partnerships without looking at all of the other complex and interlinked issues and the book goes in to depth with chapters on registrations and conversions to civil partnership, divorce and dissolution, religious ceremonies, financial consequences of termination, parents and children, immigration and asylum and incapacity and death as well as an excellent consideration of the underpinning human rights issues involved" Cris McCurley Partner, BenHoareBell Solicitors
Table of contents
• 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 and Asylum
• Rights and Responsibilities
• Incapacity and Death