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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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