header-logo header-logo

25 January 2013 / Mark Irving
Issue: 7545 / Categories: Features , Divorce , Family
printer mail-detail

Empty vows

istock_000017739664small_2

Careful wedding planning pays dividends, says Mark Irving

The recently published 2011 Census results contain some headline-grabbing revelations for those advising international clients.

Some 7.5 million of the reporting population were born outside of England and Wales, half arriving over the last 10 years; nearly five million of us hold a foreign passport; more than 55% of Londoners do not classify themselves as white-British.

Earlier figures, released in August 2012, reveal that one in four babies born in England and Wales in 2011 were born to mothers who were born outside the UK, 75% of whom were in a marriage or civil partnership. In London, 57% of babies born in 2011 were born to mothers who were born outside the UK.

Pouring such statistics into the melting pot raises all sorts of cross-jurisdictional issues for the family lawyer. In this article, I deal with two of them, namely:

  • when is a marriage not a marriage (as recognised by the law of England and Wales)?; and
  • what impact does a “non-marriage” have upon an
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll