Tag Archives: UK

The Pros And Cons Of Civil Partnership And Civil Partnership Dissolution

In 2004 the government introduced new legislation which permitted the civil union of same sex couples. The first official civil partnership was created in 2005.

The introduction of civil partnerships in the UK was welcomed by many same sex couples who could now have a legal commitment to each other and would have many of the same rights of an opposite sex married couple – including the ability to formally dissolve their relationship in a civil partnership dissolution (or civil partnership divorce as it is still more commonly known).

There are many advantages, legally, financially and otherwise, when a same sex couple enters into civil partnerships. For example, transfers between partners are exempt from capital gains tax and have rights to intestacy in the unfortunate situation that one of the partners dies. (If the partner who passes away has a will, the other civil partner may be entitled to all or some of their estate). Whereas if a same sex couple had not entered into a civil partnership and one of them had died, the other partner would probably not be entitled to anything left in their partner’s will. There is greater protection from domestic violence under a civil partnership. Through agreement or a Court order, partners can obtain legally-binding “parental responsibility”. Civil partners also have the same entitlement benefits as a spouse for state and occupational scheme pensions for service.

However, there are also many potential disadvantages of entering into a civil partnership. In financial terms, before the couple entered into a civil partnership, they may have been able to have capital gains tax relief on two separate properties, but they can now only have it on one property. When both of the partners in a partnership are involved in joint business activities, there is a chance their corporation tax is increased when they are together as civil partners. Financial issues aside, the biggest potential drawback of entering into a civil partnership may be the issues surrounding the dissolution of civil partnership.

There is a great deal to take into account when formalising a civil partnership divorce, including how finances and property are split or distributed, and how children are cared for if there are any involved. The process of civil partnership dissolution is highly comparable to a divorce, not least the fact that any dissolution can only be initiated by one partner after twelve months of the civil partnership.

If you are unsure about the consequences of entering into a civil partnership, or you want to start the process of civil partnership dissolution following the breakdown of your relationship, it may be appropriate to seek professional legal advice. You can then assess your options and examine the implications of the choice you decide to make.

Dna Testing Has Changed Everything

Since its discovery 20 years ago, the use of DNA for human identity and relationship testing has emerged as a powerful tool in both civil and criminal justice systems. DNA testing can reveal whether two or more individuals are related as well as determining the nature of their relationship. Today, it is possible to identify people by a single hair, as well as obtain information about their gender and ethnic background, and, within the next couple of years, identify their age.

Before the advent of DNA testing, human identity testing was largely carried out through blood typing. DNA analysis has now superseded blood testing and is the most accurate method currently available for human identification.

The possibility that DNA could be used for human identity and relationship testing had been discussed from the time DNA was first revealed as the molecule which makes people unique. Yet, it was not until the discovery of DNA fingerprinting by Prof. Alec Jeffreys (now Sir Alec) of Leicester University in 1984 when the first practical testing system became available. As with conventional fingerprinting, where various loops and whorls are compared between two fingerprints, DNA testing relies on comparing certain DNA features called DNA markers between two individuals. If DNA patterns between the samples are identical, then they are likely to come from the same person. If the profiles are not identical but big similarities are observed, then the samples most probably come from related individuals. The degree of the similarity between DNA profiles is a representation of the degree of relatedness between people.

Currently, DNA testing is routinely used for both criminal and non-criminal applications. However there is a major difference between DNA testing for civil and for criminal cases. For civil cases, DNA testing is predominantly used to determine relationship between individuals while for criminal cases a crime scene stain has to be matched to the suspect.

In non-criminal legal practice, DNA testing is used primarily for immigration and child support cases. In 2004, more than 7,000 DNA tests were conducted for these purposes in the UK. Where no reliable documentary evidence is available, DNA testing can assist in determining varying degrees of relatedness between individuals concerned, as well as individuals ethnic background.

The first time DNA testing was used for identity purposes was in the landmark immigration case Sarbah vs. Home Office (1985). In this case, DNA testing was used to prove the mother-son relationship between Christiana Sarbah and her son Andrew. Now, the Home Office accepts DNA testing as a virtually unquestionable proof of relatedness. The results will normally (although not invariably) provide conclusive evidence as to whether individuals in question are related as alleged.

UK Child Support Agency extensively uses DNA testing for establishing who the biological parent of the child is for purposes of providing child maintenance and support. Child support is one the main areas of non-criminal DNA testing.

Child adoption is another area where a DNA test for paternity is widely applied. Currently, UK adoption agencies adopt children into families which match their ethnic background. Sometimes, it is difficult to determine the ethical background of the child and here DNA testing can help. People of different races and ethnic groups have common facial and other features which are typical for this particular race or group. The same is also true for their genetic characteristics. Various racial and ethnic groups have genetic markers specific to these groups. When analysing these markers, it is possible to tell the proportion of individuals ancestors who came from specific ethnic groups. It is, however, impossible to pinpoint at what stage the particular ancestors contributed their DNA and also their number. For example, the results of ethnicity DNA testing can show that an individual has 20% of markers specific to northern Europe, 50% to the Middle East, 10% to the Mediterranean and 20% to sub-Saharan Africa. Using this information the family with the closest ethnicity to the child can be chosen.

EU Officials Entry Exam – UK Lobbying For Language Change

The government is challenging the rules for the EU Officials Entry Exam. At present candidates must use a second language rather than their mother tongue.

The new British government is now challenging the rules set down for the Brussels civil service exams. The civil service holds a compulsory exam for all European Union citizens who want to work as European Union officials. Currently, the Brussels civil service entry exam must be taken by candidates in a second language rather than their mother tongue.

It seems that the British government has secured an early victory because starting from next year; pre-selection tests for EU civil servants can be taken in English. However, France may not be too happy with this decision. Paris is against such policy and defended for the EU civil service exam to be taken in the candidates second language. Some say the objection is because the French government is witnessing the use of French declining over recent years, compared to its rival English.

What the British government is more concerned about is the number of Britons being admitted into the EU commission as working officials. The EU Commission is where early drafting of new policies and regulations take place. Without enough Britons working inside the EU Commission, the UK government fear that they are falling behind in influencing future policy making within the EU. The move to challenge the language rules for civil service exam aims to increase the number of British Citizens working in all level of the EU governmental machinery, in particular within the EU Commission.

We have seen the decline in the number of British EU Officials working in Brussels following the drop of second language teaching in the UK. The newly elected Conservative government blames the previous Labour government of its second language education policy now resulting in a generation gap of British presence within the EU decision making organizations.

The British Foreign Secretary, William Hague also agreed that the challenge to the civil service exam language rules is motivated by the need to increase the number of Britons securing more EU jobs. The current statistic shows that Britain only makes up for 1.8 percent within the EU Commission entry level positions, even though the UK represents almost 12 percent of the entire EU population. Mr Hague said the new government now aims to give due weight to the exercise of UK influence in the EU.

The Foreign Secretary also outlined that the world political landscape has now shifted towards the eastern countries and therefore it is crucial for the new generation of British to learn second languages. Britain can no longer only play its cards with the Western diplomatic players. On the contrary, future diplomats must learn second languages that are useful in countries such as Poland, Russia, China, India, North African countries, Turkey, and Brazil. The United States is no longer the most reactive player within foreign affairs.

Although the British government has managed to secure the short term victory to allow Britons to take the EU civil service exam in English, this move might not be the best for Britains long term interests. The widespread attitude of not needing to learn second languages by most Britons is likely to decrease its competitiveness in the international affairs arena. It is hoped that the new government will roll out new education policies that will encourage more students to take up second language studies.