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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 individual’s ability to make financial claims in England and Wales
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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