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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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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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