French matrimonial regimes: the wide ranging impact for couples with Anglo-French connections
Sophie Voelcker
The movement to legalise same-sex marriage started to gain momentum at the turn of the millennium, with the Netherlands becoming the first country to change its laws in 2001. Since then, 35 more states, primarily in the US and Europe, have followed suit to recognise marriage for same-sex couples. Last month, Greece became the latest, and most notably is the first Christian Orthodox country to take this step, and Thailand is likely to be next after recently passing a (yet to be approved) same-sex marriage bill.
In terms of the wider legal framework, under Article 8 of the European Convention of Human Rights (“ECHR”), the right to family life, member states have a positive obligation to provide legal recognition for same-sex couples. However, the European Court of Human Rights (“ECtHR”) held in Schalk and Kopf v Austria in 2010 that there is no obligation to legally recognise same-sex marriages specifically under Article 12 ECHR (the right to marry). Despite the progress which has been made by legal challenges and lobbying, still less than half of the countries which are party to the ECHR have proceeded to legalise same-sex marriage. There is still a lot of work to be done, though very much assisted by shifting societal attitudes towards the LGBTQ+ community and strong public advocates. Gay icon, Dolly Parton perhaps said it best in 2014 - “I support gay marriage. They have every right to be as miserable as straight people.”
Since the introduction of same-sex marriage in England and Wales, according to the 2021 Census, over 260,000 individuals have entered into a same-sex marriage, including many well-publicised in the press, such as actor Stephen Fry, Olympic diver Tom Daley, and comedian Sandi Toksvig. Societal attitudes have continued to shift in a positive direction in the UK. When the law first received royal assent from the late Queen Elizabeth II, only 54% of Brits supported same-sex marriage. Now, ten years on, this is over 75%, showing an optimistic trajectory but highlighting the gap we must strive to close.
The legislation however did not only allow same-sex couples to get married, but also to convert their civil partnerships into marriages. Civil partnerships were introduced in 2004 specifically as a compromise for same-sex couples who wished to obtain the same rights, responsibilities, and protections which were enjoyed by opposite-sex couples through marriage. While civil partnerships at least allowed for the legal recognition of same-sex relationships, as well as integrating same-sex couples and providing opportunities for families and communities to gather to celebrate queer relationships, the decision not to extend marriage to same-sex couples was criticised by the LGBTQ+ community for its perpetuation of otherness. Thus, after same-sex marriage finally became law, it is perhaps no surprise that almost 16,000 same-sex civil partnerships were converted to marriages.
The protection and appreciation of the family lives of LGBTQ+ individuals have continued to develop since 2014. In 2017, amendments to the Children and Social Work Bill made relationships and sex education (including LGBTQ+ inclusive education) mandatory in all schools in England & Wales, and in the same year the Supreme Court ruled that the discrimination against same-sex couples on pensions rights was unlawful. In 2023, 19% of adoptions of children in England involved same-sex couples, and together with the ever-increasing number of surrogacy arrangements, both domestic and overseas, more and more members of the LGBTQ+ community are becoming parents. Megan Bacon-Evans and Whitney Bacon-Evans also succeeded in securing the same access to fertility treatment for same-sex couples as heterosexual couples on the NHS, ending their High Court legal challenge in 2023 and a two-year review.
While there is still a very long way to go before there is true equality, developments like the above help to raise the family lives of the queer community to be viewed and treated on a par with their straight, cisgender counterparts. On this anniversary, we celebrate all our friends in the LGBTQ+ community, and long may the progress continue.
Kingsley Napley is committed to bringing colleagues and allies together in a shared aim of creating an LGBTQ+ inclusive workplace and community, where we can all reach our full potential without fear of discrimination. Find out more here.
Liam is an associate in the Family and Divorce team, and advises on all aspects of family law including divorce and separation, financial settlements, arrangements for children, and nuptial agreements.
Historically, a non domiciled divorcing couple have been able to mitigate their UK tax liabilities when making a lump sum payment to the other party to the divorce. Following guidance from HMRC in 2025, however, it seems that this particular tax mitigation strategy is no longer available and advice needs to be taken in respect of each party’s tax status, the timing and mechanism of payments and the likely tax liability.
It may feel like an administrative burden to keep personal affairs in order, be that your Will, financial or estate planning. That burden can be even greater when the rules of two (or more) countries are relevant. We regularly help French nationals living in the UK to take steps to plan their personal affairs, given that the legal and administrative rules of two countries will be relevant to their legal documents.
Contrary to what some aspects of the British media may lead you to believe, life in the Middle East remains a very attractive prospect for many. Britons continue to relocate there and, according to a recent report in the Times, a large proportion of those who left the UAE recently are returning to the place they now call home.
It has been just over a decade since the offence of controlling or coercive behaviour came into force with the Serious Crime Act 2015. With this offence, the criminal law formally recognised that prolonged emotional, psychological and financial abuse can be just as damaging to a victim as physical abuse. The impact of such behaviour has also been recognised by the family courts, particularly in the context of children and applications for non-molestation and occupation orders.
For a number of years, research has shown that children and young people want information about what is happening to their family when their parents decide to separate. Many want the opportunity to be heard when decisions are being made about them.
Family dynamics are complex at the best of times. When one family member is unwell, stress and worry can quickly lead to friction and mistrust among siblings and parents alike.
Hi, I’m Olivia, a family lawyer and mediator at Kingsley Napley LLP working alongside four other brilliant mediators in our team. In this short blog, I set out what you can expect from your first meeting with a family mediator.
For separated or divorced families, Christmas time is often an emotionally charged time of year, fraught with practical challenges as parents try to agree contact time and arrangements for Christmas events. Claire Wood shares some tips on how best to prepare for the issues which may arise at Christmas.
According to the PDSA’s 2024 report on pet populations, over 51% of UK adults currently own a pet. To many their pets are not “just pets”, but beloved family members and a core part of their family unit. If something unforeseen should happen in the future, most would want the best for their pets. Often, however, when an unplanned major live event happens, such as a divorce or the death of a pet owner, thought has not been given to what should happen to the pets.
It is 16 May 2022. Sotherby’s, New York. A collection is being auctioned, achieving the highest total from a single sale in the auction house’s 277-year history. $922.2 million. The culmination of a bitter divorce between Harry Macklowe (property mogul) and Linda Macklowe (prominent art curator).
When a party sits down to prepare their financial disclosure on divorce, thoughts can turn to the valuable or sentimental items which may have been gifted between spouses or received from family members during the marriage. The idea of having to share or relinquish such items to a soon-to-be-ex-spouse can leave some people clutching their pearls (quite literally), but is this ever actually required in financial proceedings on divorce?
Assets are typically placed in a trust for legitimate purposes, such as safeguarding wealth for future generations. However, arguments that a trust is in fact a “sham” created to hide the true ownership of assets often arise in the context of divorce litigation, bankruptcy/insolvency where a creditor seeks to argue that a trust is a pretence seeking to shield assets from creditors, or in estate disputes, where beneficiaries look to bring assets of the deceased back into an estate.
It is National Fertility Awareness Week and, this year, the campaign is “Every Voice, Every Journey”.
Francophone couples living in England or those who own assets here may be surprised at the differences between a standard English prenuptial agreement and the ‘contrats de mariage’ which are so common across continental Europe.
Family relationships involving international couples can be complex and the need for cross-border planning and an understanding of other jurisdictions is critical for family lawyers working in London. Claire Wood helps clients to understand some of the differences in approach across the channel.
Connie Atkinson was published in the October 2022 edition of ThoughtLeaders4 HNW Divorce magazine discussing the rise of cryptoassets in financial remedies.
The Court of Appeal recently handed down judgment in Helliwell v Entwistle [2025] EWCA Civ 1055, examining the importance of disclosure when entering into a pre-nuptial agreement.
On 30 July 2025, Mr Justice Peel handed down a judgment in the case of BC v BC [2025] EWHC 2016 (Fam), confirming the “sanctity of confidentiality” about Financial Dispute Resolution (‘FDR’) and private FDR (‘pFDR’) hearings.
On 2 July 2025 the Supreme Court handed down its long-awaited judgment in the case of Standish v Standish. Practitioners have been particularly interested to see if, and how, the Court would develop the judicially created principles of ‘needs’, ‘compensation’, and ‘sharing’ which apply to the division of finances on divorce. In particular, what would the Court say in relation to ‘the sharing principle’: should all assets be shared, or only those generated by the parties’ common endeavour during their marriage?
In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.
17 May marks the International Day Against Homophobia, Biphobia and Transphobia, and the theme for 2024 is ‘No one left behind: equality, freedom and justice for all’
Read the blogTen years ago, on 29 March 2014, Peter McGraith and David Cabreza became the first same-sex couple to get married in England & Wales. This was following the introduction of the Marriage (Same Sex Couples) Act 2013, which put marriage equality for the LGBTQ+ community on our statute books for the first time.
Read the blogOver the years, the LGBTQ+ community has faced numerous challenges when it comes to applying for UK visas, seeking asylum and becoming British. Thankfully, the UK immigration system and rules have slowly evolved and there are less obvious areas where problems persist. But people often find themselves encountering hurdles and need specialist advice. Our immigration team, working within our firm’s LGBTQ+ & allies network, is entirely inclusive and can assist with advising clients on their own particular unique circumstances.
Read moreWe understand that the LGBTQ+ community has historically faced additional challenges when it comes to personal relationships and private and family life, and have fought hard for the same benefits enjoyed by heterosexual couples.
Read more hereMay 17th marks ‘International Day Against Homophobia, Biphobia and Transphobia’, a day to raise awareness of the discrimination and violence that faces LGBTQ+ people.
Read the blogBy Emily Elliott
READ BLOGTwo thirds of LGBTQ people still being harassed at work: IDAHOBIT is a timely reminder of the work that still needs to be done
Read Stephen Parkinson's blogBy Emily Elliott
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