Marriage (same sex couples) Act 2013 will come into force on the 29 March 2014 and the government has announced that gay marriages will be able to take place from this date. However a gay couple who celebrated a civil partnership in 2008 have now been told that in order to get married they will first have to dissolve their partnership.
There have been some delays in implementation of part of the 2013 Act, this includes the clauses pertaining to the conversion of civil partnerships into marriage. So despite the government announcing gay marriage could take place from 29 March 2014 it appears that this is not true for all gay marriages. The couple wishing to convert their partnership has instructed a law firm who have written to the Department For Culture, Media & Sport to inform the Government of potential judicial review action if the issue is not resolved satisfactorily.
If the delays stay in place there are possible Human Rights Act and British Equality breaches, and it is argued that the Government has failed to take into account all the relevant considerations when creating the gay marriage laws, and should not have made such a broad announcement when it is obvious that some gay marriages will not be able to take place from the date announced.
The law firm is asking the Government to confirm the timetables for when Section 9 of the Marriage (Same Sex Couples) Act 2013 is to be brought in to allow couples wishing to convert their civil partnerships into marriage to do so, so watch this space.
Faye Remnant is part of our Family Law team based in Loughborough; our Solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.Talk to our legal team
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