‘The Benefits of Marriage in All But Name’? Same-Sex Couples and the Civil Partnership Act 2004

Posted: 1 Dec 2011

See all articles by Nicholas Bamforth

Nicholas Bamforth

University of Oxford - Faculty of Law

Date Written: December 1, 2011

Abstract

This article considers whether civil partnership and marriage should be seen as parallel institutions for legal purposes, and whether the existence of two mutually exclusive institutions is permissible under the European Convention on Human Rights. It is suggested that, given the uncertainties and questionable arguments in relevant case-law, a successful future challenge to the distinction cannot be completely ruled out, but that its prospects of success are not great.

Keywords: child law, family law, civil parnerships, marriage, European Convention

Suggested Citation

Bamforth, Nicholas, ‘The Benefits of Marriage in All But Name’? Same-Sex Couples and the Civil Partnership Act 2004 (December 1, 2011). Child and Family Law Quarterly, Vol. 19, No. 2, pp.133-160, 2007, Available at SSRN: https://ssrn.com/abstract=1967068

Nicholas Bamforth (Contact Author)

University of Oxford - Faculty of Law ( email )

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