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25 January 2013 / Mark Irving
Issue: 7545 / Categories: Features , Divorce , Family
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Empty vows

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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
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Browne Jacobson—Professor Clive Kay

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Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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