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In these proceedings, the Petitioner Susan Wilkinson seeks a declaration as to her marital status under s.
On 26 Augustthe Petitioner and the first Respondent who were then and remain domiciled in England, went through a form of marriage, lawful and valid by the law of British Columbia which permits and recognises as valid marriages between persons of the same sex.
Prior to that ceremony, the Petitioner and the first Respondent, who are both University professors, had been living together as a couple for thirteen years. Upon their return to the United Kingdom, and in advance of the coming into force of the Civil Partnership Act "CPA"the Petitioner, with the support of the first Respondent, instituted these proceedings, seeking a declaration that the marriage was a valid marriage at its inception and: The orders sought have been expanded and clarified by Karon Monaghan who appears for the Petitioner as follows.
The position of the Petitioner and the first Respondent.
The Petitioner's application is supported by her two witness statements dated 4 July and 18 Maytogether with a witness statement of the first Respondent dated 12 May They set out the history and background to their relationship of some fourteen years standing and the Petitioner gives a detailed history of their marriage and the reasons why they seek recognition of it in this country.
Having referred in her first affidavit to the impending implementation of the CPA and the potential "downgrading" of her Canadian marriage to the status of a civil partnership under its provisions, she states: I do not wish my relationship with Celia to be recognised in this way because we are legally married and it is simply not acceptable to be asked to pretend that this marriage is a civil partnership.
While marriage remains open to heterosexual couples only, offering the "consolation prize" of a civil partnership to lesbians and gay men is offensive and demeaning. Marriage is our society's fundamental social institution for recognising the couple relationship and access to this institution is an equal rights issue.
To deny some people access to marriage on the basis of their sexual orientation is fundamentally unjust, just as it would be to do so on the basis of their race, ethnicity, and nationality, religion, or political beliefs.
I believe that the argument of "separate but equal" is unacceptable because: They are not equal symbolically, when it is marriage that is the key social institution, celebrated and recognised around the world; and they are not equal practically, when it is apparent that civil partnership is a lesser alternative, which will not be recognised around the world, or even across Europe.
Even if the rights and benefits conferred by civil partnership are identical at least in practical terms to those conferred by marriage within Britain itself, this is not so beyond its boundaries… I feel a sense of moral outrage that, counter to my own personal experience of the importance of my marriage to Celia, this second marriage is deemed by society to be of less value than my first, simply because it is a marriage with a woman… 21….
I want my marriage, and same-sex marriages more generally, to be recognised in Britain, and elsewhere, because I want to be able to refer to Celia as my wife and have that immediately and unproblematically understood as meaning that she is my life-partner with all the connotations and social consequences that using the term "wife" or "husband" has for a heterosexual couple.
I want our marriage to be recognised institutionally by banks, insurance companies, the tax office, and so on. This symbolic status of marriage as a fundamental social institution is, in many ways, as important as its formal legal status.
It provides for social recognition of key relationships, and to have our relationship denied that symbolic status devalues it relative to the relationships of heterosexual couples.
In the statement of the first Respondent she expresses similar views. So far as the significance of non-recognition is concerned she states at paragraph 18 of her affidavit that: But this has more than symbolic significance for us. It has a practical bearing on issues such as whether one of us will be recognised as the other's next of kin in an emergency.
Having our marriage recognised in our home country would lend weight to our relationship when we are travelling to places which do not have the same respect for same sex relationships. She emphasises the significance of recognition to the human rights of lesbians and gay men generally and states at paragraph 20 of her statement that: Legal changes which would allow same-sex marriages are also being considered in a number of countries throughout the world, such as Italy, Portugal, South Africa, Sweden, and the US.
These two trends reflect the growing recognition of the importance of marriage to same-sex couples internationally. She also exhibits a number of personal testimonials from people personally affected by or supportive of, the Petitioner's case. She states at paragraph 23 that: It also leads to a sense of alienation and marginalisation which prevents Sue and me from feeling as though we are fully contributing members of society.
She goes on to draw historical analogies between the exclusion of gay persons from the institution of marriage and the banning of marriage between persons of different races under the apartheid regime in South Africa, the Southern States of America and Nazi laws banning marriages between Jews and "Aryans".
There is exhibited to the first witness statement of the Petitioner, the "expert report" of a Canadian lawyer, Cynthia Petersen, which not only establishes the validity of the Petitioner's marriage under Canadian law, but helpfully sets out the current state of Canadian Provincial and Federal law with respect to same sex marriage.
The relevant law of England and Wales It is deeply embedded as a relationship between two persons of the opposite sex. So far as statute is concerned, the common law test of marriage is given statutory force by s.
So far as foreign marriages are concerned, the MCA and the common law test above do not address the recognition of foreign marriages. Occasionally, the courts will judge the matter of capacity by reference to the intended matrimonial home Lawrence v Lawrence FLR at DC or by reference to the jurisdiction with which the marriage is adjudged to have its most substantial connection Vervaeke —v- Smith  AC per Lord Simon of Glaisdale at D.
In this case as already indicated, the parties are both domiciled in England and Wales and, following their marriage, returned to live here.If the person under restraint is on bail, the magistrate must enquire as to the reporting requirements of the bail: s 84(2).
The magistrate may, on application, adjourn the proceedings for up to seven days: s 84(5). Ngcobo v standard Bank of South Africa and Others (D/12)  ZALCD 33 (25 September ). Preface Reasons for Issuing AASB The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council’s policy of adopting the Standards of the International Accounting Standards Board (IASB) for application to reporting .
Home > Judgments > archive. Wilkinson v Kitzinger  EWHC (Fam) This was an application for a declaration of marital status under s55 of the .
[page 3] 1 TERMS OF REFERENCE AND DEFINITIONS. Terms of reference of the Review. On 7 April , the Secretary of State for Education invited me to undertake a Review of the National Curriculum and of the framework for assessing pupils' progress.
analyse the client’s current retirement provision Legality of fund Verify the legal status of the fund by requesting copies of the FSB registration and SARS Approval Certificates of the fund.