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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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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