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Family Law

The leading authority on all aspects of family law

19 SEP 2011

'The benefits of marriage in all but name'? Same-sex couples and the Civil Partnership Act 2004 [2007] CFLQ 133

This article considers whether civil partnership and marriage should be seen as parallel institutions for legal purposes, and whether the existence of two mutually exclusive institutions is permissible under the European Convention on Human Rights. It is suggested that, given the uncertainties and questionable arguments in relevant case-law, a successful future challenge to the distinction cannot be completely ruled out, but that its prospects of success are not great.

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