THEGAYUK

Category: The Legal Clinic

  • Coming out as gay, like Phillip Schofield after years of marriage, could lead to a legal nightmare, so what happens next?

    Coming out as gay, like Phillip Schofield after years of marriage, could lead to a legal nightmare, so what happens next?

    Free-Photos / Pixabay

    After years of marriage, coming out as gay, when you’re married and with children could have legal repercussions. We asked Stephanie Kyriacou and Matt Parr, associates at law firm Shakespeare Martineau, to outline what happens next.

    Coming out as gay, what are the next steps?

    MabelAmber / Pixabay

    At the start of February, television personality Phillip Schofield revealed that he is gay. His announcement has been hailed as a powerful move that may have given many others in a similar position the courage to come out. However, it also works as a reminder that there are no rules when it comes to navigating the complexities that this emotional time can throw up, especially in terms of family and finances.

    Coming out can bring a host of challenges, and in the midst of an already intense period of time, many people may not immediately consider the wider implications. Particularly for those who, like Phillip Schofield, choose to come out later in their lives, tricky conversations around finances and estate planning may arise sooner than expected. However, whilst this may seem a difficult topic to discuss communicating with family and friends can reduce the risk of family conflict and ensure that loved ones are safeguarded for the future.

    Stephanie Kyriacou and Matt Parr, associates at law firm Shakespeare Martineau, detail the main steps to consider when coming out in later life.

    Get your ducks in a row

    Coming out can be daunting enough, but if you’re unsure of how your family and friends will react, the process can feel quite overwhelming. Before telling a partner or family members, it is sensible to consider your current financial and legal arrangements, including your existing will and powers of attorney. Equally, you may wish to speak to an adviser ahead of time and discuss the next steps if things were to rapidly go downhill, this would then allow changes to quickly be made to safeguard your interests.  

    Don’t make any rash decisions

    gracinistudios / Pixabay

    Your family might be shocked or find it difficult to accept your news at first, though it is important to remember that their first reaction isn’t necessarily how they will always feel – they may just need some time to process what you’ve told them. With this in mind, it is important to not make any rash decisions. There may be discussions to be had from both a financial and a personal perspective in terms of where you go from here. Every couple is unique, some may feel that it is best to separate and file for divorce, while others may be open to the idea of staying together and living as companions.

    Considering divorce

    Embed from Getty Images

    Under UK law, adultery can only occur between members of the opposite sex. Therefore, should either partner decide that they do not wish to stay in the marriage and on the basis they had not been separated for 2 years or more, they would need to issue a divorce application on the grounds of their spouse’s unreasonable behaviour. Under these circumstances, the person making the application must show that the other party has behaved in such a way that they cannot reasonably be expected to live with him or her, and that the marriage has irretrievably broken down.

    In these situations, it is advisable to take specialist advice from an accredited family lawyer, who can promote a constructive and non-confrontational approach, often resulting in a far better outcome for all involved. Resolution is a useful starting point to find local accredited experts.

    For those divorcing without children, the process can be very simple, focusing mostly on the division of assets such as money, property and investments. However, a divorce involving children can be far more complicated and often requires arrangements for maintenance payments, as well as provisions to be made to safeguard the children’s futures.

    Looking to the future

    get some breathing, man alone
    CREDIT: Natasha_from_Russia-bigstock

    Should the point come where a new relationship is formed, it may be important to ensure that children from the first marriage are provided for.

    Financial arrangements which can protect assets owned prior to living with a new partner can be set out in a cohabitation agreement, therefore ensuring transparency around who owns what. Similarly, should you decide to remarry, a prenuptial agreement is advisable as it will allow you to outline the assets brought into the marriage as well as those that are to be kept separate.  

    By securing the right expert advice, keeping lines of communication open and allowing time for your loved ones to accept your news, coming out can be the start of an exciting new chapter.

  • Can gay men donate bone marrow?

    A reader asks our legal expert, Matt Parr whether as a gay man, he can donate bone marrow.

    (C) DEPOSITPHOTOS

    I know that gay men can’t currently give blood – but I was wondering about bone marrow. If someone in my family was to need my bone marrow for surgery can I legally give it? Also if I just wanted to give bone marrow to anyone, regardless of any family connection is this possible or legal?

    Dear reader:

    Thanks for your question, it’s great that you have thought about the need to donate bone marrow.

    However, the main difference between the donation of blood and bone marrow is that to donate bone marrow you would first need to have a thorough medical examination before being permitted to donate.

    You’re mistaken in your perception that gay, bisexual or men who have sex with men cannot donate blood full stop. Blood donation in the UK works on the values of kindness and mutual trust. The NHS Blood and Transplant service relies on all potential and existing donors to adhere to the blood donor selection rules by giving completely accurate answers to all the questions asked of them when they visit the donation centres. The questions and answers are given in complete confidence and exist for their own protection and for the health of patients who receive their blood. 

    The rules around gay and bisexual men giving blood changed in November 2017 following extensive campaigning by organisations such as the Terence Higgins Trust. Subsequently, providing that the donor meets the other donation rules, gay, bisexual or people who have sex with partners in groups at high risk of having an infection that could be passed on during sex will be able to donate after three months have passed since the last sexual activity.

    The previous exclusion period extended to 12 months and many argued that this did, therefore, place an unrealistic expectation of celibacy on those who wished to donate and many saw it as, in reality, a blanket ban on donations from gay and bisexual men.

    If donating Bone Marrow through the Anthony Nolan charity, however, then you will not be permitted to donate if you (or your partner) are, or think you are HIV positive or you are involved in high-risk sexual practices that may increase your exposure to sexually-transmitted diseases (amongst others). In essence, the decision as to whether you can donate will depend on a number of factors, both sexual and health-related – not sexuality.

    There is no strict 12-month time frame of celibacy prior to donating.

    The best advice I can give you is to consider contacting the NHS Blood and Transplant service or Anthony Nolan to discuss the process in further detail.

  • Everything you need to know about wills and inheritance if you’re LGBT+

    Everything you need to know about wills and inheritance if you’re LGBT+

    This month legal expert, Matt Parr tells us everything we need to know about wills and inheritance – especially if you’re lesbian, gay, bisexual or transgender.

    geralt / Pixabay

    Wills and inheritance issues in the gay community

    Members of the gay community face many of the same dilemmas as opposite-sex couples when it comes to estate planning, wills and their potential exposure to inheritance tax.

    According to figures recently issued by the Office of National Statistics, there were 190,000 same-sex families in the UK in 2017 and the majority of those were co-habiting couples as opposed to being married or in a civil partnership. In this situation, those couples or family units face the same issues as co-habitants of the opposite sex. Therefore, there are some important points that they should be aware of.

    ‘Common law’ civil partners?

    Cake, Gay Marriage, gay wedding
    CREDIT: © ivonnewierink Depositphotos

    Co-habiting partners do no automatically inherit assets which were held in their partner’s sole name. In the same way that there is no such thing as “common law husband/wife” there is no such thing as a “common law civil partner”. With this in mind, if you aren’t married or in a civil partnership it is extremely important that wills are prepared to ensure that the surviving partner is adequately provided for after your death.

    This can prevent family feuds, confusion over your wishes and costly legal action.

    If you’re not married or in a civil partnership and you have no children of your own, then the law dictates that your parents will inherit your estate. Unfortunately, rifts are not uncommon amongst families of the gay community and there are many instances of parents being unwilling to accept their son’s same-sex partner into the family.

    The thought of a parent inheriting a share in a property you own as tenants in common with your partner may fill you with dread – is there any possibility your parents would wish to co-own a property with your partner? If the answer is no, your parents could insist on selling the property, forcing your partner to move. Preparing wills would prevent this situation from arising. When property is owned as joint tenants as opposed to tenants in common your partner will inherit your interest in the property regardless of whether you have a will or not.

    Inheritance Tax

    stevepb / Pixabay

    There is no form of inheritance tax relief for co-habiting couples of any sexuality. Consequently, only the first £325,000 of your estate, otherwise known as your Nil Rate Band (NRB) will be tax free – the balance over and above this will be taxed at a rate of 40 per cent. Therefore, even if you did decide to leave your entire estate to your co-habiting partner, they could be left with a hefty inheritance tax liability. Married couples and those in civil partnerships can leave their estates to each other and benefit from a total exemption for inheritance tax purposes, meaning on first death at least, there will be no inheritance tax to pay.

    Unlike married couples and those in civil partnerships, cohabiting partners are unable to transfer their unused NRBs between them. Consequently, many gay couples make use of trusts in their wills to try and avoid an inheritance tax liability by giving them access to the funds without necessarily increasing their own inheritance tax exposure. The use of trusts to control the way funds are inherited, by whom and when, is particularly helpful when one or both of you have children from a previous relationship to whom you would wish to leave your estate, without compromising your surviving partner’s rights to live in your joint property after you have died. Advice should be sought as to your options in this scenario in order to ensure the trust is drafted correctly and in accordance with your wishes.

    Gay couples who have taken the plunge and married or entered into a civil partnership can benefit from the same legal rights as opposite-sex couples, including the right to receive a statutory legacy together with a certain proportion of the balance of their partner’s estate if their partner dies without making a will (intestate). Ideally, however, the intestacy rules should not be relied on and my advice would always be to prepare a will specifying how you wish for your estate to be distributed.

    A very recent Supreme Court ruling has paved the way for opposite-sex couples to enter into civil partnerships which will ensure absolute equality in the eyes of the law between “straight couples” and gay couples. Previously only same-sex couples could enter into civil partnerships.

    Polyamorous relationships

    ©-photography33-Depositphotos

    Members of the gay community enter into polyamorous relationships in the same way as those in the heterosexual community. Whilst still not necessarily subject to a wider understanding by the public, it is impossible to deny that these forms of relationships exist and therefore it is right to encourage those who enter into them to seek advice on their rights and obligations to one another.

    According to UK law, it is illegal to enter into more than one marriage or civil partnership. How members of a polyamorous relationship choose to protect each other’s interests is, therefore, more difficult – but not insurmountable. Again, the use of trusts in wills can prove extremely helpful in ensuring a degree of flexibility and afford a level of protection for the assets within the trusts. This is often required when three or more people wish to co-habit or enter into a relationship with each other.

    Seeking advice about your options in this regard can be tricky. The fear of judgment and lack of understanding can deter you from gaining an insight into your options, but there are advisers equipped with the knowledge to help and offer a non-judgmental ear in complete confidence.

    Transgender dimension

    Transgender Flag

    Currently, under UK law it is not possible to self-define your gender without a formal diagnosis of Gender Dysphoria and a successful application to a gender recognition panel for a Gender Recognition Certificate (GRC). This process can be lengthy and painfully intrusive. But once you have a GRC, what are the legal implications for estate planning and inheritance purposes?

    It is important to consider the fact that wills prepared post-4 April 2005 which claim to gift assets to, for instance, “my sons” or “my nephews”, will exclude an individual who has obtained a GRC and who now identify as female. The beneficiary would need to apply to court to alter the disposition in order to rectify a failed gift because of a change in their gender means they no longer align the gender stated in the will. This application could become expensive and lengthy if other beneficiaries take objection to the change being made if this will adversely impact their own share of the estate.

    Any will prepared before 4 April 2005 which purports to gift assets in this way does, however, continue to be effective despite a GRC having been issued to the beneficiary.

    Members of the transgender community should be aware of the fact that family members may need to amend their own wills to take into account this change in the law and to avoid any uncertainty around the wording of such a gift.

    With the growing number of gay couples living together, marrying, entering into civil partnerships and starting, fostering and adopting families of all different sorts, the gay community is just beginning to grapple with the same issues that heterosexuals have faced for centuries. Yet, some of these issues are easily overcome with the right advice.

    Ultimately, the worst thing you can do is bury your head in the sand when it comes to discussing what can be tricky and sensitive matters with your family and planning ahead, where possible, is always the best course of action.

  • LEGAL ADVICE | How do my partner and I dissolve our civil partnership, if one of us lives abroad?

    A reader asks our legal experts for advice on how to dissolve a civil partnership when one of them lives outside the UK. Megan Bennie, a solicitor at Grayfords Law looks into the case.

    How do I dissolve a civil partnership, if one of us lives abroad?
    FILE PHOTO

    Dear Legal Clinic,

    Hello. I have me tried in many ways to obtain the necessary information with no success. I hope you can help. Both my ex-partner and I wish to dissolve our civil partnership.

    The issue is I live abroad in Greece and he is in London. We have no mutual assets. We’ve been using documents from the Internet and posting to the court. But there are no guidelines for this process with one of us being non-domicile. I cannot get any documentation or information as I am not UK resident.

    Do we need for lawyers to be involved?  Just need to know the system.

    Malcolm

     

    Dear Malcolm,

    Thank you for your questions.  We live in an increasingly international world and now it is by no means unusual for a couple to be different nationalities, to live or marry abroad…and even to divorce from abroad. So don’t worry, there is a way through.  Even if you are living abroad, you can petition for a dissolution of your civil partnership on the basis that you last lived as a partnered couple in England and Wales (if this is the case) and/or your civil partner lives in England and Wales. One hurdle you might find harder to overcome is that you MUST have either your original marriage certificate or a certified copy (and a translation if it is not in the English or Welsh language). You can order a copy from the General Register Office for about £10.  https://www.gro.gov.uk   

    If you’re abroad and still on fairly amicable terms with your ex, have you thought about him applying for the dissolution? Unfortunately, you can’t apply together, even if you both agree the partnership has come to an end. However, that’s not to say you can’t work together to agree the paperwork in advance and split the fee. If your ex-partner still has an address in the UK it is likelier to be far quicker and easier for him to deal with the paperwork and get things moving.

    Best of luck with moving the dissolution forward. The process usually takes 6-9 months so the sooner you start, the sooner you can reach the finish line and start your new legally separate lives. 

     Megan Bennie– Solicitor at Grayfords

     

    Do you have a legal question you need to be answered? Click here to send us a query for free now.

     

    The advice given here is provided for free and is not intended to replace legal advice from your own legal representatives who will better know and understand your circumstances and situation. Before acting on any information you should check with your own legal representatives.

  • LEGAL CLINIC | Following the Turing Law, Am I entitled to claim for unfair dismissal and wrongful imprisonment?

    A reader asks now that the Turing Law is a reality, can he claim for unfair dismissal from the army and wrongful imprisonment.

    Am I entitled to claim for unfair dismissal and wrongful imprisonment?

    I am 55 years of age.

    I joined the army at 19. In 1983 I was court martialed for gross indecency, sentenced to 6 months in military prison and discharged with disgrace. Under the Turing law, I have since received a royal pardon and my record wiped clean both by the Home Office and the Ministry of Defence.

    My question is: Am I entitled to claim for unfair dismissal and wrongful imprisonment?

    John (Name changed)

    Dear John,

    Thank you for your question. I’m very glad to hear you’ve been able to use “Turing’s Law” to obtain a statutory pardon.

    Although the effect of the conviction being disregarded means the conviction should in all circumstances be considered as never having happened, the pardon itself does not retroactively change the status of the then applicable law. This means that, unfortunately, you cannot take any action for wrongful imprisonment because, according to the laws of the time – unfair as they were, the action taken by the court martial was lawful. Neither can you pursue the issue in terms of employment law. Court martial decisions are not covered by the Employment Tribunal (which is the only place you can pursue unfair dismissal claims) and in any event, claims have to be brought within three months of dismissal.  Employment law is incredibly restrictive at the moment and is generally thought to favour the employer over the worker.

    This means that, unfortunately, you cannot take any action for wrongful imprisonment because, according to the laws of the time – unfair as they were, the action taken by the court martial was lawful. Neither can you pursue the issue in terms of employment law. Court martial decisions are not covered by the Employment Tribunal (which is the only place you can pursue unfair dismissal claims) and in any event, claims have to be brought within three months of dismissal. Employment law is incredibly restrictive at the moment and is generally thought to favour the employer over the worker.

    You have suffered a great deal and I know you will be disappointed that this legal advice is not more positive. The key with employment law today is to act quickly and anyone suffering from discrimination at work because of their sexuality should to take advice from a trade union or a solicitor as soon as they can. Even if you are not a member of trade union now, or at the time of the discrimination, you should still contact a local union rep as they can help you nonetheless.

    Check your household insurance too: sometimes it will cover legal services without you realising. No one should have to suffer any detriment at work because of their sexuality, or any other characteristic that has nothing to do with their job, so if you are suffering in this way, please seek help.

  • ADVICE | I don’t have a will, does this affect my partner should I die?

    A reader asks whether not having a will, will affect his partner of 6 years will inherit should he die unexpectedly.

    Is my partner at risk if I don't have a will?

     

    Dear Matt,

    My partner and I have been together for 6 years and although we’re not civilly married, I was wondering what our rights were in case of an accident or death. We currently rent and don’t own our house, but we do have various other assets such as stocks and savings. Neither of us have made a will. What would happen to the surviving partner if the worst was to happen? Would my assets go directly to him?

    Thank you for your time

    Steve N.

     

    Dear Steve,

    The simple answer is no. Currently, co-habiting partners have no (automatic) legal right to inherit assets from their partner’s estate unless provision is made for them in their partner’s will.

    Only assets that are held in joint names (such as joint bank accounts) will pass to the surviving partner automatically by ‘survivorship’ and simply require the removal of the deceased partner’s name from the account; such assets are not affected by the presence (nor contents) of any Will.

    In cases where the deceased partner left no will (or a defective/invalid will) all assets held in the deceased partner’s sole name will pass according to the Intestacy Rules. These rules stipulate who will inherit the estate in a strict order of priority of relatives – spouse/civil partner, children, parents, siblings and so on and so forth. Co-habiting partners do not feature in this list!

    My advice would be to always seek professional advice from a solicitor to create appropriate wills to ensure that your loved ones left behind are not unwittingly disinherited through your inaction.

    You should also be conscious of the inheritance tax implications of remaining unmarried or not in a civil partnership. The transfer of assets after death may trigger an inheritance tax liability, as executors would be unable to claim valuable exemptions, such as the spouse exemption.

    This response is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.

    This article was updated on the 16th November 2018

    Have you got a legal question? Ask it here

  • Is there a difference between Civil Partnerships and marriage?

    Is there a difference between being a civil partner and a married person? Andrew Smith, Associate Solicitor for Blacks Solicitors’ Family Law team, specialises in LGBT legal work and is a huge supporter of the community answers the questions.

    Is there difference between Civil Partnerships and marriage?

    What are the legal differences between a civil partnership and a marriage?

    “There are very few ‘legal’ differences between a civil partnership and a same sex marriage. Civil partners cannot refer to themselves as ‘married’ and it is a different ceremony. On a certificate of civil partnership, both parents are named rather than just the father on a marriage certificate; but there is legally little difference between the two.”

    “The main differences are similar to those between a religious marriage and a civil ceremony undertaken by heterosexual couples; in regard to the formation, the ceremony, the administrative process and the certificates.

    “Somewhat controversially, one of the main differences is that civil partners are unable to cite the specific act of Adultery as the main reason for why the civil partnership has broken down. This is because the definition of adultery is sexual intercourse with someone of the opposite sex outside marriage. Instead, civil partners have to use ‘unfaithfulness’ as one of a number of examples of Unreasonable Behaviour.”

    What about divorce? Can civil partnered couples get divorced?

    What about divorce? Can civil partnered couples get divorced?

    “A married couple will have a ‘divorce’ whilst civil partners will have a ‘dissolution’ if they choose to separate. Therefore the answer is technically yes as although the terminology is different, it does mean the same thing in principle.”

    What about pension rights, are they the same between marriage and civil partnerships?

    “Up until very recently this had been a grey area for those who retired prior to when the act was introduced.

    “The Walker v Innospec [2017] case which recently made the headlines challenged this and saw the Supreme Court unanimously allow Mr Walker’s appeal for his employer to pay his pension to his spouse in the event of his death, despite his service predating December 2005.

    “This fantastic result will pave the way for all same sex couples in a similar situation, who are either married or in a civil partnership, to be able to leave their pension to their spouse.”

    If you have a LGBT legal query you would like to discuss with Andrew, please email him on AJSmith@LawBlacks.com or visit the website for more information: www.lawblacks.com

  • LEGAL CLINIC | I need to dissolve my civil partnership but my partner has been missing for years

    A reader asks how he might go about legally separating from his civil partner after a number of years of separation, the only problem the partner is uncontactable. We asked the lawyers for their advice.

    How to get a Civil Dissolution

    Dear Legal Clinic

    “I’ve entered into a civil partnership about ten years ago with a guy from Poland and have since lost contact with him. I have tried for a number of years now to track him down as I would like to dissolve our partnership. As I can’t locate the guy and believe he has moved back to Poland, is there a way I can dissolve our Civil Partnership with him?

    Any help would be much appreciated.”

     James

    Grayfords‘ Megan Bennie write,

    Dear James,
    Thank you for your question. Your situation may sound rare but it’s actually more common than you might think. In today’s increasingly international world, it’s not uncommon for someone to move back to their home city or country when a relationship breaks down.

    You say you’ve tried to locate your partner for a number of years. The easiest way for you to obtain a dissolution of your civil partnership is on the basis of 5 years’ separation (dissolution is the almost exact equivalent for civil partnerships of a divorce for marriages – the forms and procedures are the same). It sounds like you might be close to the 5-year point or have already reached it. The advantage of basing the dissolution on 5 years’ separation is that you don’t need the consent of the other person. If you were to base the dissolution on 2 years’ separation you would need written consent from your partner to proceed.

    The most sensible way forward is for you to petition for a dissolution based on 5 years’ separation and use your partner’s last known address on the forms. You can write to the court to submit the forms and include some information about your attempts to locate your partner. The court is likely to accept the petition as long as your attempts are genuine, sensible attempts – you don’t have to take extreme measures or go to the ends of the earth but the court does want to see you’ve at least tried.

    Once the dissolution petition is sent out – one copy to you and one to your partner’s last known address – you should apply to dispense with service upon them, in other words, do away with the requirement for papers to be successfully received by your partner. You complete a D13 form which covers the steps you’ve taken to try and find your partner, including attempts to contact them through an employer, family, etc. where possible and the court makes a decision as to whether or not it can dispense with the service requirement. There is a small additional fee of around £50 for this application (on top of the £550 dissolution fee) and it adds a little extra time to the process. However, compared to staying married until your partner resurfaces, if they ever do, it may be a small price to pay.

    You can download all the forms you need for the dissolution procedure, including the D8 application to start the process and the D13 form to dispense with service, at http://hmctsformfinder.justice.gov.uk/.

    A lot of websites offer you an “online divorce” but unfortunately, many of them simply charge you to complete and download the forms you can already download for free from the website mentioned above. I strongly recommend that, even if you start the dissolution process yourself, you take advice from a solicitor on the D13 form so that you can dispense with service quickly and easily. A solicitor will know the kinds of things you need to put down to satisfy the court you’ve done all you can.

    I wish you the best of luck James and if you do need a hand with any aspect of the dissolution process, don’t hesitate to call us, or any other solicitor. If cost is an issue, you may wish to speak with your local Citizens Advice Bureau or contact the Personal Support Unit at a local court. They can’t give you legal advice in the same way a lawyer can, but they can help with forms and procedures.

    Back to legal clinic

     

  • LEGAL CLINIC | Do I have rights to a house I’ve paid into but is not in my name?

    LEGAL CLINIC | Do I have rights to a house I’ve paid into but is not in my name?

    This week a reader asks whether if he’ll have rights to a house that he’s paid into along with his husband, once their civil partnership has been dissolved. A solicitor from law firm, Grayfords reassures that he does have rights.

    CREDIT: bigstock

    My partner and I have been together since 2001 (civil partnership in 2009). I have decided I would like to dissolve the partnership as our relationship has entirely broken down. We own a house together which I moved into in 2004 and have since paid half of the mortgage payments, though it is in his name. Will I have rights over this property and can you tell me what your experience is of dealing with the breakdown of same-sex partnerships?

    Thank you for your question. I expect it’s one that a lot of people have had at some point, either about their own relationship or that of a friend or family member.

    First of all, a word on terminology and some reassurance. Marriages are divorced and civil partnerships are dissolved. But other than that, the process is largely the same and, I’m pleased to say, your financial and property rights are identical.  Please don’t panic: the fact that the house is in your partner’s name does not mean you’re left high and dry. By virtue of your civil partnership, you automatically have property rights. Any settlement you reach should be based largely on what a court would do if it was considering your case and the starting point for a court would be a 50:50 split of capital assets (so property, pensions, savings).

    A court would then consider the needs and resources of both parties, taking into account all the circumstances of the case.  This might cause the court to award one person more than 50% of the value of an asset. Are both of you working so you could afford payments on two new, separate, mortgages, are there any disabilities or illnesses to consider that might mean one person needs a bigger share, does one person’s pension remain intact because if so they might not get such a big share of a property?

    These are the sorts of questions a court would ask. Financial cases have so many factors that it’s hard to give you an idea exactly what you might be entitled to without knowing more detail. I suggest you try and book an appointment with a solicitor, either on a paid basis or a free initial appointment which some offer.

    After even a brief chat we could give you a clearer idea where you stand. Until then though, you can be confident that you do have rights in your property and that with a solicitor’s help you can secure your financial future.

    Having worked in family law for the a number of years, I’ve dealt with a good many cases involving same-sex couples. By and large, the concerns of same sex partners when they break up are the same as those of heterosexual partners – finances, property and, in many cases, access to children.

  • LEGAL CLINIC | My college says I need to use the toilet of my birth gender

    This week a trans reader asks about her right to use the toilet of her choice rather than the one that corresponds with the gender on her birth certificate. Louise Neville, Associate Solicitor at QualitySolicitors Acklam Bond looks at the legal situation.

    Do i need to use the male toilet if I'm a trans woman?

     

    Dear TGUK,

    I’ve recently started at a new college in the UK – and the bathroom policy is that students must use the toilet that corresponds with their genitalia. I’m a trans woman. I’ve not told friends other students at my college about my transition, but I do get awkward looks when I use the female bathroom.

    What rights do I have when it comes to using the bathroom that fits my gender identity? Do I have to disclose that my genitalia doesn’t correspond with the toilet I wish to use?

    Yours, Faye

     

    Dear Faye,
     
    In the UK there is no legislation that states men must use male toilets and women the ladies toilets. However, providers of separate-sex services such as bathrooms and changing rooms do have the right to decide on what facilities transsexual people can use.
     
    The government do emphasise to providers of separate-sex services that it’s very important to take the views of the transsexual person into account when making a decision on what facilities transsexual people can use – they also say that the decision must be ‘objectively justified’, which means it must be a fair and reasonable way of achieving a legitimate aim.
     
    This case also relates to the Equality Act 2010, which protects people from being discriminated against because they are transsexual. In the Act it is called gender reassignment discrimination.
     
    There are four types of gender reassignment discrimination: Direct, indirect, harassment and victimisation. The relevant type for your case would be indirect discrimination, which occurs when an organisation has a particular policy that puts transsexual people at a disadvantage.
     
    To be protected from gender reassignment discrimination you do not need to have undergone any specific treatment to change to your preferred gender. So you can be at any stage in the transition process, ranging from proposing to reassign your gender all the way to having completed it. This could be where a problem arises for your particular situation. As you haven’t disclosed to your college that you are a trans woman you may not be protected from indirect discrimination.
     
    With all the above in mind, I would suggest speaking to a relevant person at your college that you would feel comfortable talking to, for example a lecturer. They may be able to help raise your concerns with the college administration who hopefully would look into either changing the policy or simply give you peace of mind that you can use the toilet which corresponds with your gender identity.
     
    “If you find speaking with the college does not provide you with any assistance then you may want to consider making a formal complaint to the college regarding your treatment. Ultimately, if you feel that the problem persists and you consider yourself to discriminated against then you have the option of pursuing a claim through the county court on the grounds of discrimination. Please note that any claim must be issued at the court within six months less one day of the incident taking place. Hopefully however this will not be necessary.”

     

    by Louise Neville, Associate Solicitor at QualitySolicitors Acklam Bond

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    This response is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.

    Have you got a legal query you’d like to ask our experts? Get your free advice here. Submit your question here

  • LEGAL ADVICE | My ex-employer is telling old co-workers that I have HIV

    A concerned reader asks what his rights are since learning that his ex-employers are telling co-workers about his HIV status. Sarah Nolan, Head of Commercial & Employment Law at QualitySolicitors Jackson Canter answers.

    people at work
    CREDIT: ©-monkeybusiness-Depositphotos

     

    Dear Legal Team,

    I had to leave my job after I disclosed that I am HIV+. When I was first diagnosed I had to take extended time off from work to go to the doctors, because I was at first very ill.

    My line manager asked me why I was taking so much time off and I revealed my status. All was okay, but after two months – I was starting to get uncomfortable with comments that were being made by my line manager and the boss – who she disclosed my health info to.

     The “banter” turned quite nasty and it was ruining my life – and making my health worse. I decided to resign and we resolved the issues through ACAS – as a consequence I signed sort of gag order – which forbids me from talking to anyone about this… but now, after a few years – I had a text out of the blue from an ex-colleague who said that he knew I was HIV positive – the only people who knew my status were my line manager and the area boss.

     I did not disclose my status to anyone else and it looks as though my former employers have leaked my details. I’m wondering what I can do to make sure my health remains personal – and whether I should reopen my case with ACAS. I’ve tried emailing the company to discuss the text – and haven’t heard anything back from them – after two months.

     Best wishes

    (name withheld)

     

     

    Hi,

    Your question seems to involve the Data Protection Act 1988.

    The Data Protection Act 1998 is concerned with respecting the rights of individuals when processing their personal information. The act is mandatory and all organisations that hold or process personal data must comply its provisions.

    The Data Protection Act contains 8 principles:

    • personal data should be processed fairly and lawfully
    • data should be obtained only for one or more specified and lawful purposes
    • the data should be adequate, relevant and not excessive
    • it should be accurate and where necessary kept up to date
    • any data should not be kept for longer than necessary
    • personal data should be processed in accordance with the individuals’ rights under the act
    • data should be kept secure
    • personal data should not be transferred outside the European Economic Areas unless the country offers adequate data protection.

    All employers have responsibilities under the Act to ensure that their activities comply with the Data Protection Act. Employers are responsible for the type of personal data they collect and how they use it and they should not disclose personal data outside the organisation’s procedures, or use personal data held on others for their own purposes. ACAS provide some helpful guidance about this on their website (acas.org.uk).

    Employees have a legal right to access information that an employer may hold on them. This would include any personal information relating to your health. There is a 40 day time frame stipulated for dealing with any such requests.

    If you feel your old organisation has misused information or hasn’t kept it secure then contact the Information Commissioner’s Office (ico.org.uk).

    If you believe that the terms of the settlement reached with your former employer via ACAS have been breached then you should seek specialist legal advice in this regard or try to re-contact ACAS without delay.

     

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    Have you got a legal query you’d like to ask our experts? Get your free advice here. Submit your question here

    Written by Sarah Nolan – Head of Commercial & Employment Law at QualitySolicitors Jackson Canter

    This response is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.