Opposite Sex Couple denied Civil Partnership

Discussion in 'Et Cetera, Et Cetera' started by Drifterwood, Mar 25, 2010.

  1. Drifterwood

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    I am very glad that this couple has taken this stand to challenge the current UK law which does not allow opposite sex couples the right to a civil partnership.

    Heterosexual couple begin legal fight after being refused civil partnership | Life and style | guardian.co.uk

    You may think that this is PCness gone mad, but I see it as the thin end of the wedge in attacking the anachronism of marriage. IMO the institution of marriage is controlling and completely out of touch with the reality of modern lives. It comes with all sorts of rights that are not compatible with people's needs.

    Pre-nups are not enforceable under UK law, but I imagine that they would be under a civil partnership. When a law or institution is clearly out of touch, you have to ask, in whose interest is it to maintain it. I don't like the conclusion to that question in this case.
     
  2. helgaleena

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    Some places call this 'common law marriage' it a couple has been together for a certain number of years. But it varies by state whether it is recognized. "Domestic partnerships" are recognized in my state by insurance companies, but not by credit providers or hospitals. This might change. The rightist fundamentalists targeting same sex marriages are also going after heterosexual unmarried couples.
     
  3. Drifterwood

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    The reason that I have posted an article from last year is that out Houe of Lords voted recently to allow Civil Partnerships to be conducted in churches.

    Peers vote for church civil partnership ceremonies -Times Online

    It is up to each denomination to decide whether they will allow this, but if they decide to, then every church in their denomination will have to inspite of the feelings of the individual vicar etc.

    The past ArchB of Canterbury expressed his opposition on the grounds that marriage was special, a sacred institution if you like. Now I have no problem if equally religious couples wish to have their marriage in this fashion, but the truth is that the church's view of the nature of marriage is still part of our supposedly civil marriage with regards to law.

    I am wholly opposed to this, not only because their religion is not part of my life, but also because the institution has clearly failed for the majority.

    I see all these issues as part of the same thing, and finally we seem to be making progress to a sensible conclusion.
     
  4. Drifterwood

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    Please see my thread on Hypatia :smile:
     
  5. dreamer20

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    Correction: a prenuptial agreement is enforceable under UK law unless the UK Court finds its terms to be "manifestly unjust or unfair" in regard to Section 25 of the Matrimonial Causes Act 1973. If this occurs the UK Court would refer to this Act for divorce settlements.

    Prenuptial Agreement UK - Free Legal Advice on UK Pre-nuptial Agreements – Prenuptial Agreements in the UK
     
    #5 dreamer20, Mar 25, 2010
    Last edited: Mar 25, 2010
  6. Drifterwood

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    "However, the UK law is based on the fundamental principle that the Court must retain its discretion to achieve a just result in any financial divorce settlement; in spite of a prenuptial agreement, UK courts do still insist on having complete and total discretion to decide how to divide the assets of the marriage in order to achieve fairness and, in deciding what is fair, the starting point for any UK Court is Section 25 of the Matrimonial Causes Act 1973."

    Define enforceable??
     
  7. flame boy

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    I don't really know where I stand on this - on one hand there is no legal differentiation between a marriage and a civil partnership, you have the same rights and responsibilities. Somewhat frustrating that two heterosexual people feel they are hard done by...

    On the other hand the law shouldn't discriminate against people, but it's not as if they have no other options. I have no choice if I want a marriage or a civil partnership, I have to do what I am legally permitted to.
     
  8. Viking_UK

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    I think that's their point, flame boy. They want everyone to have the same rights and options.
     
  9. Drifterwood

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    Lord Carey is saying that he doesn't want gay people marrying in church under civil partnerships because marriage is sacred between heterosexuals.

    I say, I don't want your sacred marriage, I would rather have a civil partnership like that available for gay people, but I am not legally allowed to.

    We are slowly getting the church out of our relationships, but this shows that we still have a long way to go.
     
  10. Mem

    Mem
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    The only reason that Civil partnerships were invented was because gay people were not allowed to be married, so do the math.
     
  11. Drifterwood

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    You're destroying the very fabric of decent christian society by tempting straight boys away from holy matrimony?
     
  12. TomCat84

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    I heard about this, but it was my understanding they were doing it as a roundabout way to protest gays' inability to get married.
     
  13. helgaleena

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    It's different in the US of A. Pre-nups here are enforceable, and civil partnerships are not. It's completely backwards to common-law as well as common sense.
     
  14. flame boy

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    Heterosexuals can still have civil ceremonies - which remove all religious aspects of a marriage ceremony but still have the same outcome.
     
  15. helgaleena

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    Then why make them go to church? We get married at city hall all the time here.
     
  16. TomCat84

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    Here in California we don't...we go to a County building. Unless the County building is the same one as City Hall.
     
  17. Drifterwood

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    You still have to swear to be wedded or joined in matrimony in Scotland and NI. Then the big issue is the treatment in law relating to the "partnership".

    Yes, they are highlighting what a bugger's muddle the whole thing is. :smile:
     
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