1-20 of 36 results for subject:Marriage
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To ask His Majesty's Government what assessment they have made of the adequacy of current marriage law in an inclusive multi-faith society.
To ask His Majesty's Government what assessment they have made of the adequacy of current marriage law in an inclusive multi-faith society.
The law makes provision for couples to marry in registered places of worship in a way that gives them legal rights and protections. Couples may choose instead to have a religious-only celebration alongside a legally binding civil ceremony.
However, the Government does share the concern that some people may have a wedding ceremony that does not give them legal rights and protections, without appreciating the consequences.
As part of its review, the Law Commission made recommendations which seek to ensure that, insofar as possible, couples are provided the same opportunities to legally marry in a way that reflects their beliefs. This would mean fewer ceremonies conducted according to religious rites result in a marriage that the law does not recognise.
The Government is considering its report carefully and will respond in due course.
To ask His Majesty's Government what is their assessment of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, when Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious...
To ask His Majesty's Government what is their assessment of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, when Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious...
The law makes provision for couples to marry in registered places of worship in a way that gives them legal rights and protections. Couples may choose instead to have a religious-only celebration alongside a legally binding civil ceremony.
However, the Government does share the concern that some people may have a wedding ceremony that does not give them legal rights and protections, without appreciating the consequences.
As part of its review, the Law Commission made recommendations which seek to ensure that, insofar as possible, couples are provided the same opportunities to legally marry in a way that reflects their beliefs. This would mean fewer ceremonies conducted according to religious rites result in a marriage that the law does not recognise.
The Government is considering its report carefully and will respond in due course.
To ask His Majesty's Government what assessment they have made of the urgency of the need for marriage law reform, with particular reference to protection and prevention for women whose religious marriage ceremonies do not comply with legal requirements and may not be legally recognised.
To ask His Majesty's Government what assessment they have made of the urgency of the need for marriage law reform, with particular reference to protection and prevention for women whose religious marriage ceremonies do not comply with legal requirements and may not be legally recognised.
The Government shares the concern that some people, and disproportionately women, may have a religious wedding that is not legally binding, and does not provide legal protections, without appreciating the consequences.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring there are fewer religious wedding ceremonies that result in a marriage which the law does not recognise.
Marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully. We are now taking the time to consider the report’s recommendations and will publish a response shortly.
To ask His Majesty's Government, further to the Written Answers by Lord Bellamy on 8 November 2022 (HL2958 and HL2957) when their response to the Law Commission’s report Celebrating Marriage: A New Weddings Law published on 19 July 2022 will be published.
To ask His Majesty's Government, further to the Written Answers by Lord Bellamy on 8 November 2022 (HL2958 and HL2957) when their response to the Law Commission’s report Celebrating Marriage: A New Weddings Law published on 19 July 2022 will be published.
The Government shares the concern that some people, and disproportionately women, may have a religious wedding that is not legally binding, and does not provide legal protections, without appreciating the consequences.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring there are fewer religious wedding ceremonies that result in a marriage which the law does not recognise.
Marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully. We are now taking the time to consider the report’s recommendations and will publish a response shortly.
To ask His Majesty's Government when they will respond to the Law Commission’s report Celebrating Marriage: A New Weddings Law, published on 18 July 2022 (HC 557); and what plans they have to introduce further legislation to safeguard women who are in unregistered marriages.
To ask His Majesty's Government when they will respond to the Law Commission’s report Celebrating Marriage: A New Weddings Law, published on 18 July 2022 (HC 557); and what plans they have to introduce further legislation to safeguard women who are in unregistered marriages.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise. We will respond to the Law Commission’s report in due course.
My Lords, it was announced on 4 April that the Law Commission will be conducting a review of the law on financial provision on divorce. While this review is taking place, the Government do not consider it the right time to legislate in respect of nuptial agreements. The Government favour a holistic rather than a piecemeal approach to any future legislative reform in this area.
My Lords, it was announced on 4 April that the Law Commission will be conducting a review of the law on financial provision on divorce. While this review is taking place, the Government do not consider it the right time to legislate in respect of nuptial agreements. The Government favour a holistic rather than a piecemeal approach to any future legislative reform in this area.
To ask His Majesty’s Government what plans they have to introduce the draft Nuptial Agreements Bill, as drafted and recommended by the Law Commission in its Matrimonial Property, Needs and Agreements report, published on 26 February 2014 (HC 1089).
My Lords, I thank my noble friend Lady Shackleton for her question. The answer is twofold: first, the Government consider that the present root-and-branch review of financial provision is better than looking at a particular outcrop within that landscape. Secondly, any Government have to prioritise. In recent years, priority has been given, for example, to the Domestic Abuse Act 2021; the Divorce, Dissolution and Separation Act 2022, which introduced no-fault divorce; and the Marriage and Civil Partnership (Minimum Age) Act 2022, which made it illegal to marry under the age of 18. These are all fundamental reforms and I make no apology for prioritising those measures.
My Lords, I thank my noble friend Lady Shackleton for her question. The answer is twofold: first, the Government consider that the present root-and-branch review of financial provision is better than looking at a particular outcrop within that landscape. Secondly, any Government have to prioritise. In recent years, priority has been given, for example, to the Domestic Abuse Act 2021; the Divorce, Dissolution and Separation Act 2022, which introduced no-fault divorce; and the Marriage and Civil Partnership (Minimum Age) Act 2022, which made it illegal to marry under the age of 18. These are all fundamental reforms and I make no apology for prioritising those measures.
My Lords, I am disappointed but not surprised by that response. I declare my interest as practising in this field. It is well known that this is stand-alone legislation which came about as a consequence of a House of Lords decision in Radmacher in 2010. During the coalition, the Law Commission set up a paper and, as a consequence, in 2014 there was a response which is oven-ready for putting on the statute book.
Instead of that happening, with almost indecent haste and despite the warnings, the no-fault divorce law has proceeded through these Houses. We have more people with pre-nuptial agreements and more people getting divorced, and there is no direction for the judges as to how the law has changed as a consequence of these agreements being enforceable. Please can the Minister explain why it is acceptable to delay this legislation, which would be quite simple to push through, in circumstances where the courts are over-burdened, the judges have no direction and lawyers practising in this field have lucrative groundhog days ahead?
My Lords, I thank the noble Baroness for those birthday wishes. It is often said that life begins at 40 but experience shows that it is very much later than that. I very much hope that we will be able to legislate in her lifetime, if not my own. Prenups are undoubtedly an important issue. Since 2010, the law has been that there is a presumption in favour of enforcing prenuptial agreements unless it is unfair to do so. Secondly, although this is an important question, it affects a relatively small and privileged cohort, and it must take its place in the queue on that basis.
My Lords, I thank the noble Baroness for those birthday wishes. It is often said that life begins at 40 but experience shows that it is very much later than that. I very much hope that we will be able to legislate in her lifetime, if not my own. Prenups are undoubtedly an important issue. Since 2010, the law has been that there is a presumption in favour of enforcing prenuptial agreements unless it is unfair to do so. Secondly, although this is an important question, it affects a relatively small and privileged cohort, and it must take its place in the queue on that basis.
My Lords, may I start by wishing the Minister a happy birthday—and ask him whether there is any prospect of this Bill being enacted in his lifetime and mine? He has mentioned all these other statutes, which are not really relevant. The failure to enact this Bill undermines the no-fault divorce law, because the failure to have binding nuptial agreements leaves couples in as antagonistic and expensive a situation as before. Will he please get on with it?
To ask His Majesty’s Government what plans they have to introduce the draft Nuptial Agreements Bill, as drafted and recommended by the Law Commission in its Matrimonial Property, Needs and Agreements report, published on 26 February 2014 (HC 1089).
To ask His Majesty’s Government what plans they have to introduce the draft Nuptial Agreements Bill, as drafted and recommended by the Law Commission in its Matrimonial Property, Needs and Agreements report, published on 26 February 2014 (HC 1089).
My Lords, it was announced on 4 April that the Law Commission will be conducting a review of the law on financial provision on divorce. While this review is taking place, the Government do not consider it the right time to legislate in respect of nuptial agreements. The Government favour a holistic rather than a piecemeal approach to any future legislative reform in this area.
My Lords, I do not have that information. I will see if I can find it and if I can, I will write to the noble Lord.
My Lords, I do not have that information. I will see if I can find it and if I can, I will write to the noble Lord.
The Minister refers to a small cohort. Has he any idea how many nuptial agreements exist as a percentage of those people who get married these days?
My Lords, it is hard for me to add to my previous answer. The Government feel that we must look at the whole landscape and get the law on financial provision sorted out, and that gives us the context in which we can decide what to do about prenups.
My Lords, it is hard for me to add to my previous answer. The Government feel that we must look at the whole landscape and get the law on financial provision sorted out, and that gives us the context in which we can decide what to do about prenups.
My Lords, this is a sensible move. It would make sense to introduce this legislation now, provided that it does not affect the overall review that is taking place. Why does the Minister not just act on this one piece of legislation now?
My Lords, it is not a straight- forward issue; even the Law Commission’s report of 2014 made it clear that there had to be quite a number of exceptions in relation to financial need before one could legislate. As I say, the Government prefer to proceed on a broad front rather than deal with this issue specifically.
My Lords, it is not a straight- forward issue; even the Law Commission’s report of 2014 made it clear that there had to be quite a number of exceptions in relation to financial need before one could legislate. As I say, the Government prefer to proceed on a broad front rather than deal with this issue specifically.
My Lords, as others have said today, such a Bill can stand completely independently of the planned reform. The whole point is that those who embark on this do not want to litigate, in the unhappy event of a divorce, and do not want to expose themselves to all the uncertainties of the court’s discretion. Why on earth can the Government not do something about it now?
My Lords, the Government have confidence in the courts to apply the general law, which is that prenups should in general be respected unless it is unfair to do so. That is not far off what the Law Commission recommended in 2014.
My Lords, the Government have confidence in the courts to apply the general law, which is that prenups should in general be respected unless it is unfair to do so. That is not far off what the Law Commission recommended in 2014.
My Lords, I have practised as a divorce lawyer in South Africa, where the prenuptial agreement is respected, and it should not be seen purely as a protection for high net worth individuals. Why is there so much resistance to respecting and introducing a prenuptial agreement?
I think the answer to that question, for which I thank the noble Lord, Lord Ponsonby, is that this is not directly within the Law Commission’s terms of reference, but it is well within the review of civil legal aid upon which the Government are currently embarking.
I think the answer to that question, for which I thank the noble Lord, Lord Ponsonby, is that this is not directly within the Law Commission’s terms of reference, but it is well within the review of civil legal aid upon which the Government are currently embarking.
My Lords, most couples going through a divorce do not have their financial arrangements made by judge. Some reach settlement with the assistance of lawyers, others through mediation and arbitration. Of course, many do not have access to lawyers because of the withdrawal of legal aid. When the holistic review looks at financial provision for divorce, will that include the increase in legal aid for divorcing couples?
When the Law Commission’s report is available.
When the Law Commission’s report is available.
When are the Government going to get on with financial relief and produce some legislation?
The Government always do their best to ensure that the legislation is comprehensive and consistent.
The Government always do their best to ensure that the legislation is comprehensive and consistent.
My Lords, it was very reassuring to hear the Minister say that we need to consider legislation very carefully before it is introduced and see how it fits in with other Acts and so on. Can he assure us that similar procedures have been applied to some of the legislation currently before the House with which we are struggling?
To ask His Majesty's Government when they will issue a full response to the Law Commission’s weddings law report Celebrating Marriage: A New Weddings Law, published on 19 July.
To ask His Majesty's Government when they will issue a full response to the Law Commission’s weddings law report Celebrating Marriage: A New Weddings Law, published on 19 July.
The Government is currently considering the Law Commission’s report on weddings law and has a duty to consider the implications of any changes to the law in this area very carefully. The report proposes fundamental reform to weddings law in England and Wales and it is important that we take the time to fully consider the Law Commission’s recommendations before publishing a response. We will publish our response to the report in due course.
To ask His Majesty's Government, further to the Answer by Lord Bellamy on 29 November on humanist marriages (HL Deb col 1668), why they have committed to legislating for outdoor religious marriages outside of wholesale reform of marriage law.
To ask His Majesty's Government, further to the Answer by Lord Bellamy on 29 November on humanist marriages (HL Deb col 1668), why they have committed to legislating for outdoor religious marriages outside of wholesale reform of marriage law.
As part of the response to the Covid-19 pandemic, in which the circumstances were exceptional, the Government accelerated legislation to allow outdoor civil weddings and civil partnership registrations to take place within the grounds of existing approved premises. Following a recent consultation on these measures, the provisions were made permanent. In addition, respondents were overwhelmingly in favour of the proposal to permit outdoor religious ceremonies in the grounds of places of worship, as long as this is permitted by the respective religious bodies. The Government will therefore take these proposals forward in due course.
The Law Commission’s report on weddings law was published in July and the Government is currently considering its recommendations. As has been set out in Parliament, marriage will always be one of our most important institutions and we must ensure that before publishing a response, we have considered the implications of any changes to the law very carefully.
Tabled by
Baroness Bakewell
To ask His Majesty’s Government when they intend to give legal recognition to humanist marriages.
Tabled by
Baroness Bakewell
To ask His Majesty’s Government when they intend to give legal recognition to humanist marriages.
My Lords, the Law Commission recently published its report on reforming wedding law in England and Wales. We must consider the 57 recommendations in full. It is important that we balance the needs and interests of all groups, religious and non-religious, and very carefully consider the implications of changing the law. I hope to be able to publish our initial response in the first part of next year.
My Lords, the Law Commission recently published its report on reforming wedding law in England and Wales. We must consider the 57 recommendations in full. It is important that we balance the needs and interests of all groups, religious and non-religious, and very carefully consider the implications of changing the law. I hope to be able to publish our initial response in the first part of next year.
My Lords, the Law Commission recently published its report on reforming wedding law in England and Wales. We must consider the 57 recommendations in full. It is important that we balance the needs and interests of all groups, religious and non-religious, and very carefully consider the implications of changing the law. I hope to be able to publish our initial response in the first part of next year.