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David Hodson on International Family Law: Jurisdiction of same-sex marriages

© Copyright LexisNexis 2024. All rights reserved.
Date:4 FEB 2013

International Family Law Practice by David Hodson

David Hodson

On Friday the government published its draft legislation for the debate on redefining marriage by introducing same-sex marriage. It is the Marriage (Same-sex Couples) Bill 2013. It is promoted as creating equality. However lawyers looking at the draft legislation will find there are still differences in law between heterosexual marriage and same-sex marriage if introduced.

Heterosexual marriage will retain five grounds (technically facts) for divorce but although same-sex marriage will also have five a new s1.6 MCA will explicitly state that "only conduct between the respondent and a person of the opposite sex will constitute adultery" for the purposes of s1. It is difficult to see why this is included apart from making the law accessible to the public because it has always been clear...

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