Podcast Location:
Download it here [file size: 26.4 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

By the end of 2010 over 46,500 civil partnerships had been formed in the UK since the coming into force of the Civil Partnership Act 2004 in December 2005. This figure continues to increase at a rate of over 6,000 per year. Yet despite there already being over 1,000 dissolutions by the end of 2010, it was not until March 2012 that we saw the first ever financial remedy appeal under the Act with the case of Lawrence v Gallagher [2012] EWCA Civ 394.

This podcast considers some of the wider questions raised by this case including the court’s understanding of civil partnerships, the wider relevance of pre-registration cohabitation, the assimilation principle and ‘parity of treatment,’ the potential relevance of cultural factors and how the Government’s consultation on extending marriage to same-sex couples might influence the development of financial remedy cases under the CPA 2004.

Outcomes:
After completing the course you will:
  • Be aware of the legal framework that underpins civil partnership;
  • Appreciate how civil partnership compares with the legal institution of marriage;
  • Understanding the significance of the Lawrence v Gallagher case and the relevant principles that can be drawn from it;
  • Understand the extent to which the courts will take pre-registration cohabitation into account;
  • Appreciate the relevance of periods of cohabitation prior to entering into a civil partnership;
  • Understand the part that pre-registration agreements play in this context;
  • Be aware of the potential relevance of cultural factors;
  • Be aware of the Government’s recent consultation on extending marriage to same-sex couples.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Market Update / Hot Topic
Sources and References:
  • A v T [2004] 1 FLR 977, FD;
  • B v A (Parental Responsibility) [2006] EWHC 2 (Fam), [2006] All ER (D) 25 (Jan);
  • Baynes v Hedger [2008] 2 FLR 1805,CD;
  • Civil Partnership Act 2004;
  • CO v CO (Ancillary Relief: Pre-Marriage Cohabitation) [2004] 1 FLR 1095; FD;
  • Government’s Equal Civil Marriage Consultation (15th March 2012);
  • GW v RW [2003] 2 FLR 108, FD;
  • Hansard 12 October 2004, column 177;
  • Lawrence v Gallagher [2012] EWCA Civ 394;
  • Matrimonial Causes Act 1973;
  • Miller v Miller [2006] 1 FLR 151, CA;
  • Otobo v Otobo [2003] 1 FLR 192, CA;
  • Prest v Prest & Ors [2012] EWCA Civ 325 [16 February 2012];
  • Radmacher (formerly Granatino) v Granatino [2010] 2 FLR 1900, SC;
  • Re B (Role of Biological Father) [2008] 1 FLR 1015 FD;
  • “Same Sex Relationships: From ‘Odious Crime’ to ‘Gay Marriage,’” Professor Stephen Cretney Volume 27, Issue 3, pages 539–543, September 2007;
  • Thyssen-Bornemisza v Thyssen-Bornemisza (No 2) [1985] FLR 1069.

In this podcast barrister Nicholas Allen from 29 Bedford Row discusses financial orders under the Civil Partnership Act 2004.

Date recorded: 7th September 2012

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