Is consummation necessary to render a marriage valid? “Yes”, assumed non-specialist ignoramuses (like me): “No”, says the President of the Family Division.
In X (A Child: foreign surrogacy) EWFC 15, Sir James Munby P had been asked to make a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008, which requires that the applicants “must be … husband and wife”. Continue reading →
HMG has published its promised Integrated Communities Strategy Green Paper. The proposals are wide-ranging and subject to a consultation (with some very general questions, almost for discussion rather than factual responses) which closes on 5 June. We shall no doubt be returning to this subject in future posts, but we thought it might be helpful to report the proposals on nikah weddings. Continue reading →
There are widespread press reports that the Government is to publish a Green Paper today on its integrated community strategy which, inter alia, will tackle the perceived problem of unregistered nikah weddings.
We venture across the Atlantic only rarely, but two cases about polygamy have come to our attention – thanks to Donlu Thayer and Howard Friedman – that, coincidentally, are almost mirror-images.
In R v Blackmore2017 BCSC 1288 (CanLII) in July 2017, the Supreme Court of British Columbia found Winston Blackmore and James Oler guilty of practising polygamy, contrary to s.293(1)(a) of the Criminal Code of Canada, for which the maximum penalty is five years’ imprisonment. Continue reading →
IICSA begins hearings on the Church of England, Ireland clears the way for a referendum on abortion and the President of the Supreme Court tackles the vexed question of niqabs in court.
Lady Hale on religious dress
The Supreme Court website has posted the text of Lady Hale’s Sultan Azlan Shah Lecture, given at Oxford in January, on religious dress and, in particular, on the vexed issue of Muslim women wearing niqab veils in court. In a nutshell: Continue reading →
In two earlier posts – linked below – Peter Edge, Professor of Law at Oxford Brookes, commented on the earlier debates in Tynwald on the position of the Bishop of Sodor and Man. In a cross-post from his own blog, he reports on the conclusion to the debate.