Pride Month takes place in June each year. It is a nationwide celebration to honor and advocate for the LGBTQ+ community.
At Davisons Law, we are using this years’ Pride Month to reflect on the significant changes that have transformed family law into what it is today. As society’s perception of the nature of relationships, parenthood and family life has adjusted throughout the decades, legal framework behind it has too. The legal landscape offers greater recognition and protection for diverse families; however, it is still important to understand and acknowledge the obstacles the LGBTQ+ community continue to face today.
Civil Partnerships
One of the most significant developments in family law which has impacted the LGBTQ+ community was the introduction of the Civil Partnership Act 2004. This was the first time same-sex couples were able to gain legal recognition of their relationships, including rights relating to inheritance, pensions, and financial protection.
Same-sex Marriage
The progress continued when the Marriage (Same Sex Couples) Act 2013 came into force and legalised same-sex marriage in England and Wales. Same sex couples were able to benefit from the legal protections and recognition afforded to heterosexual married couples.
For a period of time following the introduction of the new act, same-sex civil partnerships could be converted into marriages free of charge. There is now a charge applied, albeit the process is rather straightforward.
Currently, only 38 countries legally recognise and perform same-sex marriages worldwide.
Cohabitation Agreements
Contrary to popular belief, common law marriage is a myth in England and Wales. With more couples than ever choosing to live together without marrying or entering a civil partnership, this can create uncertainty around property ownership, finances, savings and shared responsibilities.
A cohabitation agreement helps provide clarity and protection which can be tailored to unique circumstances. Having a professionally drafted cohabitation agreement can hep avoid disputes and provide reassurance for both parties.
IVF
Advances in fertility treatment and assisted reproduction have created more opportunities for individuals and couples to start families. There has been incredible progress since the first IVF baby was born in England in 1978, and the science behind IVF and fertility has continued to evolve.
Child Arrangements
Throughout the years, the structure of families has changed which has brought with it unique additional matters regarding arrangements for children that need to be addressed. With it, the Court has recognised that their approach to dealing with disputes between parents regarding child arrangements must be updated to bring it in line with modern day society and to reflect the change in societal norms.
Most recently, the Court have introduced and are actively rolling out the Child Focused Court (previously known as Pathfinder). The Child Focused Courts currently operates in 10 out of 43 Court areas in England and Wales and is designed to ensure that the children’s safety, wellbeing, and experiences are central to every stage.
Family Law in England and Wales has come a long way in its approach to equality, diversity, and inclusion of the LGBTQ+ community over the decades and undoubtedly, will continue to do so.
Here at Davisons Law we look forward to seeing how the legal landscape will develop in the coming years amidst the campaign for changes.
If you are going through a separation or are having difficulties agreeing arrangements for your children and you require further information or advice from our family law team, please get in touch today.
