Business & Finance0 min ago
Marriage (Same Sex Couples) Bill
19 Answers
The government have now published their proposals for enshrining same-sex marriage, and they can be read here. http:// www.pub licatio ns.parl iament. uk/pa/b ills/cb ill/201 2-2013/ 0126/cb ill_201 2-20130 126_en_ 1.htm
Most newspapers have reported this, although each has chosen to lead with a particular angle on the story - a typical example is in the telegraph, who have chosen the religious opposition.
http:// www.tel egraph. co.uk/n ews/rel igion/9 830044/ Gay-mar riage-C atholic -Church -tells- priests -time-t o-act-i s-now.h tml
All of them have, though, picked up on the surprise inclusion relating to divorce, in which "Only conduct between the respondent and a person of the opposite sex may constitute adultery......”.
This is said to arise from legal disagreements as to what constitutes adultery in same-sex relationships. The upshot is that this surprise clause would introduce inequality in the divorce courts. This could lead to the abolition of the concept of adultery.
So, is it important that entrants into a marriage undertake to remain faithful, and thus more legal thought needs to be applied to the matter? Or is adultery an outdated concept which it would be entirely right to sweep away for everybody?
Most newspapers have reported this, although each has chosen to lead with a particular angle on the story - a typical example is in the telegraph, who have chosen the religious opposition.
http://
All of them have, though, picked up on the surprise inclusion relating to divorce, in which "Only conduct between the respondent and a person of the opposite sex may constitute adultery......”.
This is said to arise from legal disagreements as to what constitutes adultery in same-sex relationships. The upshot is that this surprise clause would introduce inequality in the divorce courts. This could lead to the abolition of the concept of adultery.
So, is it important that entrants into a marriage undertake to remain faithful, and thus more legal thought needs to be applied to the matter? Or is adultery an outdated concept which it would be entirely right to sweep away for everybody?
Answers
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No best answer has yet been selected by mushroom25. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ."irreconcilable differences" is not a concept known under English law. Section 1(1) of the Matrimonial Causes Act 1973 provides that the only ground for divorce in England and Wales is irretrievable breakdown of marriage.
Section 1(2) of the Act provides that in order to prove this to the court's satisfaction, it is necessary to establish one or more of five sets of facts; these are:
• Adultery and intolerability;
• Unreasonable behaviour;
• Desertion of the petitioner by the respondent for at least two years;
• Separation of the parties for a period of at least two years where the respondent to the divorce proceedings consents to the pronouncement of a decree;
• Five years' separation where the respondent's consent is not required.
Section 1(2) of the Act provides that in order to prove this to the court's satisfaction, it is necessary to establish one or more of five sets of facts; these are:
• Adultery and intolerability;
• Unreasonable behaviour;
• Desertion of the petitioner by the respondent for at least two years;
• Separation of the parties for a period of at least two years where the respondent to the divorce proceedings consents to the pronouncement of a decree;
• Five years' separation where the respondent's consent is not required.
pdq1
Are you equating the love that you may have for a dog with two people who want to make a lifelong commitment to each other through marriage?
Do you think that there's validity in the argument that there are different forms of love, such as the love you feel for your partner, the love you feel for your children, favourite album, film, pet etc - and the celebration of each form of love should be different and appropriate?
By the way - who's Mary???
Are you equating the love that you may have for a dog with two people who want to make a lifelong commitment to each other through marriage?
Do you think that there's validity in the argument that there are different forms of love, such as the love you feel for your partner, the love you feel for your children, favourite album, film, pet etc - and the celebration of each form of love should be different and appropriate?
By the way - who's Mary???
I think that the concept of adultery will be updated. This is an interesting story from Canada:
http:// news.bb c.co.uk /1/hi/w orld/am ericas/ 4199508 .stm
And we're in the same situation in the UK. If a married man has an affair with another bloke, his wife cannot divorce him for adultery, because the legal definition only covers a sexual relationship with a person of the opposite sex.
It seems the problem the government advisors have is what constitutes 'sex' in a same-sex relationship.
I'm surprised they found that difficult to define.
http://
And we're in the same situation in the UK. If a married man has an affair with another bloke, his wife cannot divorce him for adultery, because the legal definition only covers a sexual relationship with a person of the opposite sex.
It seems the problem the government advisors have is what constitutes 'sex' in a same-sex relationship.
I'm surprised they found that difficult to define.
pdq, I thought you meant Mary Whitehouse.
SP, //And we're in the same situation in the UK. If a married man has an affair with another bloke, his wife cannot divorce him for adultery, because the legal definition only covers a sexual relationship with a person of the opposite sex.//
I didn’t know that. It’s potty.
SP, //And we're in the same situation in the UK. If a married man has an affair with another bloke, his wife cannot divorce him for adultery, because the legal definition only covers a sexual relationship with a person of the opposite sex.//
I didn’t know that. It’s potty.
I found pdq's answer a little opaque too - really did think the reference was to Mary Whitehouse,and it still did not really make sense.
With respect to the bill and its wording regarding divorces - The purpose of the bill is to recognise in law same-sex marriage - to offer an equality in law to the partners in a marriage, regardless of their gender. To then legally enshrine differences in aspects of that law based around the gender of the couple seems to be asking for all sorts of trouble and legal challenges down the road- and is, ultimately, unnecessarily divisive.
I do not think adultery is an outmoded concept as yet. Whether it should remain a cause for divorce is another issue.
With respect to the bill and its wording regarding divorces - The purpose of the bill is to recognise in law same-sex marriage - to offer an equality in law to the partners in a marriage, regardless of their gender. To then legally enshrine differences in aspects of that law based around the gender of the couple seems to be asking for all sorts of trouble and legal challenges down the road- and is, ultimately, unnecessarily divisive.
I do not think adultery is an outmoded concept as yet. Whether it should remain a cause for divorce is another issue.