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30 October 2008
Issue: 7343 / Categories: Features , Family
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Under one roof

Geraldine Morris looks at the implications of the Civil Partnership Act 2004

Family practitioners are generally aware that the Civil Partnership Act 2004 (CPA 2004) introduced provisions in relation to dissolution, nullity and separation orders largely equivalent to those set out in the Matrimonial Causes Act 1973 (MCA 1973) regarding divorce, nullity and judicial separation. Equally, the provisions of the CPA 2004 regarding financial provision correspond with those for divorcing spouses under MCA 1973.

CPA 2004 is, however, a carefully drafted and comprehensive piece of legislation. It includes provisions in relation to remedies corresponding to those available to divorcing spouses under other legislation. In addition, although CPA 2004 has been in force since 2005, the lack of reported case law relating to civil partnership has led to a lack of up-to-date current awareness of civil partnership and the impact that reported divorce proceedings or different sex cohabitant cases may have upon civil partnership dissolution, ancillary relief and non civil partnership same sex relationships. Some of the areas where there are corresponding or comparable provisions which could be

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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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