In The News...
30/06/2010
Iceland: Homosexual marriage comes into force allowing the head of state to marry her girlfriend
Iceland head of state Johanna Sigurdardottir married her partner the writer Jonina Leosdottir last Sunday,the day homosexual marriage was legalised in Iceland
23/06/2010
Prop 8: Gay Couple’s Trial for Marital Right
Proposition 8’s trial, measure that took away the right to Californian homosexual couples to get married, finally comes to an end.
The fate of every homosexual couple’s marital status in the state of California is in the hands of Chief U.S District Judge Vaughn Walker.
The trial started in January in the U.S. This controversial measure outlaws same-sex marriages five months after the Supreme Court of California legalised it.
For Defence lawyer, Charles Cooper, marriage should only be reserved to heterosexual couples to maintain a “reasonable procreation” in the society and the state has the right to redirect people towards natural and lasting relationships.
As far as the prosecutors against Prop 8 are concerned, Ted Olson and David Bloies, they insisted on the fact that their opponents had no relevant arguments.
Attorney David Bloies said: “We have said from the beginning, that when Proposition 8 took away the right to marry that had existed in California under the California Supreme Court decision, that is a deprivation of equal protection.”
Federal Judge Vaughn Walker is listening to deposing argument from attorneys of both sides of the debate over Proposition 8.
The judge can now decide whether or not to uphold the gay marriage ban within a matter of weeks.
Experts say the case could go all the way to the US Supreme Court.
16/06/2010
New Ground for Divorce added to Indian Law
A new amendment has been introduced to loosen the Indian marriage law and make it easier for people to get divorced.
The amendment to the 1955 Marriage Act, passed on June 10, adds “irretrievable breakdown of marriage” as a possible ground for divorce.
The secular mind-set of the Indian judicial system has initiated proclamation of various personal laws based on different religious faiths.
According to the Hindu Marriage Act from 1955, people could seek divorce only under certain grounds such as, adultery, cruelty, desertion, mental disorder, conversion to another religion.
With the Parliament’s proposal, the new ground will allow couples to get a divorce for marriage breakdown. However, the road will not be that easy.
Family law attorney, Shreepad Murthy said: “Even with this ground, one has to prove that the marriage is indeed broken down. The procedure to prove the marriage is broken down is the same as to any other grounds because the opposing spouse will always say the marriage is not broken down.”
This new measure shows how the Indian society has evolved and is aware of the rising number of marriage breakdowns.
Mumbai Bhavan’s College sociology professor Priya Sharma said: “The Law is still not westernized or liberal. Some Judges in Metropolitan Cities may be more liberal but it is not the case in majority of the Courts in India. A slight change is certainly noticeable but it will take quite a long time for a drastic change.”
09/06/2010
Supreme Court to decide on Prenuptial Agreement
The British Supreme Court is ruling the divorce case of a German heiress who was ordered to pay-up despite signing prenuptial agreements.
Before saying ‘I do!’, the heiress Katrin Radmacher and her French ex-husband Nicolas Granatino had signed a prenuptial agreement and agreed not to make a claim if they were to divorce.
However, Granatino was awarded £5.8 million when the couple divorced in 2006.
After Radmacher’s successful Court of Appeal, Granatino was awarded £1 million as a lump sum in lieu of maintenance for their children.
The couple with two children spent most of their married life in the UK.
Mr Granatino, 38, was a banker and left his job to pursue a doctorate in biotechnology.
He said he did not know about his ex-wife’s wealth when he signed the agreement and only found out later, the Supreme Court heard in London.
Ms Radmacher, who is said to be worth £100 million, told the Guardian: "The agreement was at my father's insistence as he wanted to protect my inheritance – this is perfectly normal in our countries of origin, France and Germany. Like all wealthy parents, he feared gold-diggers."
This case is certainly going to be a turning point in English law’s history as before that, prenuptial agreements were not automatically recognised.
Emma Hatley, a partner in the divorce department at Stewarts Law, said:
“The ruling will be hugely important for people in the city because of the volume of international marriages and will set a precedent, either positive or negative, for the future."
