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Hingston's
Law
Marriage and the LawThe thorny question of same sex "marriage" is once again on the political agenda and leads me to consider the problems people encounter when they are not married.
In short our legal system recognises, and gives effect to, marriage, whether religious or by civil ceremony, between one man and one woman. It does not recognise other relationships except to a very limited degree. In particular scant attention is paid to the "rights" of people living together. Where little attention is paid to those households where a man and woman live together as if married, at present no attention is paid to same sex couples. Such households are simply not acknowledged to even exist.
In Scotland the number of households where a legitimately married couple live together is decreasing and more and more couples find themselves lacking in the protection and rights they may think they should enjoy. For example, where someone is married, his or her spouse is next of kin and entitled to be contacted by hospitals or to have prison visits. If you are living with someone, even in a long term stable relationship, you are not next of kin and may not be treated as such. No ring, no next of kin.
This problem is greatly worsened when the partner dies. As you are not married, you have no rights at all unless specifically granted them in a valid will. Given that some 80% of Scots die without a will, there are an awful lot of people about to get a terrible shock. Without a will, the surviving partner can find themselves homeless and penniless and even precluded from making funeral arrangements. You are not next of kin and the person who is may legitimately choose to ignore you and your wishes entirely.
It is not for me as a criminal practitioner to comment upon our marriage laws but simply to draw to people’s attention the risks they undertake, almost certainly unknowingly, in choosing to opt out of them. However, having listened over the years of my career to the anguish and pain of the excluded, the least I can ask anyone in such a relationship to do is make a will. Now.
Having just visited Venice, I was intrigued to find all transport there is by water and watched with interest as the ambulance and hearse sailed past. My wife and I were being taken by water taxi back to the airport when, suddenly, the power was cut and the boat slowed dramatically. Ahead the police were operating a radar trap. Some things are international.
Finally you may have noted that I had my Beagle with me at the "Dingwall siege". In the best traditions of Northern Constabulary, I was assured that, in the event of anything untoward happening, the boys would make sure they rescued the Beagle! It is heart warming to be so loved.
Telephone
Munlochy by Dingwall 01463 811800 |