Right to Marry in UK Law
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Leading Cases
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Halil Celik v Secretary of State for the Home Department
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 ... ...
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Upper Tribunal (Immigration and asylum chamber), 2022-01-27, EA/00050/2021
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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Upper Tribunal (Immigration and asylum chamber), 2015-12-14, [2016] UKUT 180 (IAC) (Cudjoe (Proxy marriages: burden of proof))
Right to marry. Expert evidence. Error of law decision. Marriage certificate. Upper tribunal... @page { margin-right: 0.79in; margin-top: 0.49in; margin-bottom: 0.49in } ... p { ... to marry. The burden of proof may be discharged by production of a ... marriage ... ...
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Upper Tribunal (Immigration and asylum chamber), 2023-05-09, LH/00066/2022
Immigration control on general compassionate grounds. Juries in criminal trials. Family life... @page { size: 8.27in 11.69in; margin-right: 0.79in; margin-top: 0.49in; margin-bottom: 0.49in } ... p { color: ... stated that the couple planned to marry and to live in the UK ... The tragic ... event occurred on 20 ... ...
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Legislation
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Serious Crime Act 2015
... ... (2) In section 108 (Lord Advocate's right of appeal in solemn proceedings)- ... (a) in subsection (1), after ... (c) they are relatives; ... (d) they have agreed to marry one another (whether or not the agreement has been terminated); ... (e) ... ...
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Gender Recognition Act 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
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Immigration Act 2014
... ... an application for such leave, be granted leave in his or her own right, but(ii) would be granted leave on the basis of his or her family life ... , enabling a person to enter or remain in the United Kingdom to marry or form a civil partnership ... Annotations: Commencement Information # ... ...
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Books & Journal Articles
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Adoption, Homosexuality and the European Convention on Human Rights: Gas and Dubois v France
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 ... ...
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Anti-Trafficking (ILL-)Efforts
Global imaginations on human trafficking have been captured by a robust mythology that constructs the consenting Third World sex worker as simply a victim of trafficking for sexual exploitation. Th...... ... of abuse against sex workers and has denied Cambodian women their right to marry foreign men. Despite evidence indicating the diversity of the sex ... ...
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The Right to a Privilege? Homonormativity and the Recognition of Same-Sex Couples in Europe
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 ... ...
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Assaulting our rights: how domestic violence laws curtail our fundamental freedoms
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
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The Inequality Of Civil Partnerships
... ... 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 ... ...
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Is That Wise? Mental Capacity And Marriage
... ... 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 ... ...
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Marry For Love Or Taxes?
... ... 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 ... ...
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How Covid-19 Has Created Fertile Ground For Predatory Marriages: What This Means For Succession And Some Possible Solutions
... ... they have the requisite capacity to do so ... Capacity to marry ... One of the key tenets of a predatory marriage, and the aspect ... that ... domestic life; and ... of the right to enjoy each other's society, comfort and ... assistance ... 'X City ... ...
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Forms
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Ask the court to make a non-molestation order or an occupation order
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 ... ...
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a guide for people who want to challenge an application for grant on an estate (PA8)
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" ... ...
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Apply for probate by post if there is a will
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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