Right to Marry in UK Law

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Leading Cases
  • Halil Celik v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 31 July 2023
    Appeal against the refusal of the second application for leave. Residence status. Family members. Transition period. Upper tribunal
    ... ... and failed to recognise that he should be treated as having a right to reside as the spouse of an EU national. He further contends that the ... 44 On 19 September 2020 the appellant asked Ms Ibram to marry him and she agreed. The appellant says that they would have married before ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2022-12-03, EA/12811/2021
    • Upper Tribunal (Immigration and Asylum Chamber)
    Right to marry. Immigration rules in order. Grounds of appeal. Family members. Upper tribunal
    ... @page { size: 8.27in 11.69in; margin-right: 1.18in; margin-top: 0.49in; margin-bottom: 0.49in } ... p { color: ... had married on 28 May 2021. They had been unable to marry before ... the end of the transition period (on 31 December 2020), ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2014-01-16, [2014] UKUT 24 (IAC) (Kareem (Proxy marriages – EU law))
    • Upper Tribunal (Immigration and Asylum Chamber)
    Proof of the marital relationship. Customary law. Rights of free movement. Competent authority. Marriage certificate
    ... @page { margin-right: 0.79in; margin-top: 0.49in; margin-bottom: 0.49in } ... p { ... provided by the European Treaties, including the right to marry ... and the rights of free movement and residence ... It should ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2022-01-27, EA/00050/2021
    • Upper Tribunal (Immigration and Asylum Chamber)
    Burden of proof. Registration laws of the country. Marriage certificate. Upper tribunal
    ... @page { margin-right: 0.79in; margin-top: 0.49in; margin-bottom: 0.49in } ... p { ... and that both parties were free to marry. The burden of proof may be ... discharged by production of a marriage ... ...
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Legislation
  • Gender Recognition Act 2004
    • UK Non-devolved
    • January 01, 2004
    ... ... (3) This section does not prejudice the right of a person to follow the property, or any property representing it, into ... ...
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • January 01, 2020
  • Offences Against the Person Act 1861
    • UK Non-devolved
    • January 01, 1861
    ... ... her Will, with Intent to marry or carnally know her, or to cause her to be married or carnally known ... that no Person who shall have claimed any Right to the Possession of such Child, or shall be the Mother ... or shall have ... ...
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • January 01, 1857
    ... ... shall be heard and determined by the full Courts, subject to such Right of Appeal as is herein-after given in other Cases. S-XL ... Court may ... S-LVII ... Liberty to Parties to marry again. LVII Liberty to Parties to marry again ... LVII. When the Time ... ...
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Books & Journal Articles
  • Liberty, Equality and the Right to Marry under the Fourteenth Amendment
    • No. 6-2, December 2017
    • British Journal of American Legal Studies
    • Ian Loveland
    • Department of Law, City University, London and Arden Chambers
    • 241-262
    The legitimacy of recent judgments in the Supreme Court, lower federal courts and State courts which have extended the scope of the Due Process and/or Equal Protection clauses of the Fourteenth Ame...
  • Adoption, Homosexuality and the European Convention on Human Rights: Gas and Dubois v France
    • No. 75-6, November 2012
    • The Modern Law Review
    On 15 March 2012 the European Court of Human Rights (the Court) issued its first judgment addressing the differential treatment of same‐sex and opposite‐sex couples in respect of the adoption of a ...
    ... ... excluding same-sex couples in civil partnerships, who have no legal right to marry,from adoption provisions available to married opposite-sex ... ...
  • The Right to a Privilege? Homonormativity and the Recognition of Same-Sex Couples in Europe
    • No. 23-2, June 2014
    • Social & Legal Studies
    The Council of Europe (CoE) and its judicial body, the European Court of Human Rights, are at the forefront of the debate for the redefinition of the notion of ‘family’ in relation to the inclusion...
    ... ... This much-anticipateddevelopment, nonetheless, begs the question of how the ‘right to marry and found afamily’ might prove to be a privilege rather than a right. This article tries to shed lighton the contradictions underpinning the ... ...
  • Assaulting our rights: how domestic violence laws curtail our fundamental freedoms
    • No. 2-3, July 2010
    • Journal of Aggression, Conflict and Peace Research
    • 57-60
    The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of fundamental civil rights. ...
    ... ... , protection from governmental intrusion, due process, freedom to marry and the right to privacy in family matters, right to parent one’s own ... ...
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Law Firm Commentaries
  • The Inequality Of Civil Partnerships
    • Mondaq UK
    ... ... than have a traditional wedding and that, although they do want to marry one day, it is not what they want now. Whilst the Isle of Man is a Crown ... The right to enter into opposite-sex civil partnerships has been a hot topic since ... ...
  • Is That Wise? Mental Capacity And Marriage
    • Mondaq UK
    ... ... The legal question was how to determine if someone has capacity to marry. In particular does the test require one to be able to understand the ... ? For example, living together to the exclusion of others and the 'right to enjoy each other's society, comfort and assistance'. The Sheffield ... ...
  • Marry For Love Or Taxes?
    • Mondaq United Kingdom
    ... ... The logic here is that HMRC accept that it is right and proper that your spouse receive the maximum amount of your estate so he/she can look after herself during her lifetime. HMRC are not being so ... ...
  • What Does The Court Of Protection Have To Do With My Wedding?
    • Mondaq UK
    ... ... there is a dispute about whether a person has the mental capacity to marry, the Court of Protection will make a decision.  That is what happened in ... the sharing of a common home and a common domestic life and the right to enjoy each other's society, comfort and assistance." ... The Judge in ... ...
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Forms
  • Ask the court to make a non-molestation order or an occupation order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... State how related: ... Agreed to marry ... Give the date the agreement was made ... If the agreement has ended, ... any enactment giving him or her the right to ... remain in occupation ... If you tick box 1, state whether there is ... ...
  • a guide for people who want to challenge an application for grant on an estate (PA8)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ... ... have concerns about whether someone who applies for a grant has the right to do ... so and you want to ask a court (not the probate registry) to ... signed and witnessed? Has it been tampered with? Did the deceased re-marry" or ... enter into a legal civil partnership after the will was made? ... \xE2\x80" ... ...
  • Apply for probate by post if there is a will
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... England and Wales? ... Did the person who has died marry or enter into a Civil Partnership after the ... date of the will or any ... C – Power reserved: they have chosen not to apply, but reserve the right to ... do so later ... D – Renunciation: they have chosen not to apply, ... ...
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