Righting Wrongs and Resolving Wrangles

IMPORTANT

We, at GLP Solicitors, are aware how daunting revealing one’s personal circumstances can be. Therefore, we aim to be as empathetic as possible to the varied needs of the LGBT community.  Frequently, once problems are aired they are often similar to all, namely, a lack of knowledge of rights, anger, frustration and bitterness at perceived, and real, injustices.

In order for the very best legal advice and guidance to be provided, there needs to be a relationship of trust and understanding between solicitor and client.  To help develop this, GLP’s solicitors work with the Lesbian and Gay Foundation and participate in the Manchester Pride celebrations, exhibiting in the Lifestyle Expo.

Recent cases for LGBT clients have covered a broad spectrum of legal issues, including:

Relationship breakdown

■  Disputes involving children
■  Harassment
■  Discrimination in the workplace and other employment issues
■  Drawing up wills
■  Change of name for a client following gender reassignment
■  Buying and selling residential, and business, properties
■  Housing repossession proceedings
■  Personal injury claims
■  Criminal injuries compensation

Examples of previous cases

Case  1: Change of Name

John had recently completed his change of gender and needed legal documentation to prove his change of name. Under current legislation, John cannot apply to have the gender given on his birth certificate changed.  Firstly, John felt comfortable enough to actually sit down and explain his needs and then we were able to provide him with a statutory declaration which satisfied his requirements.  John could then re-register at his doctors and change his bank and other personal details.

Case 2 : Contact With Children

Lesley and Gemma had been living together for several years and by donor insemination, Lesley was the biological mother of their child.

The couple separated and it was agreed initially that the child would live with Lesley and have contact with Gemma.

Unfortunately, the relationship deteriorated further and Lesley prevented Gemma having any contact with their child, whatsoever.  Gemma sought legal advice on whether there was anything which could be done to maintain her relationship with the child.

Gemma’s lack of parental status was explained to her.  This did not necessarily mean that she would not be able to resume her contact.  However, given the wilful refusal of Lesley to compromise, the case had to go to court.  In children matters, a court will always have as its paramount concern the best interests of the child and in this case it was most definitely felt that the child would benefit from a continued relationship with Gemma. Therefore, a contact order was granted in Gemma’s favour, enabling her to have contact with the child on a weekly basis, including overnight and extended holiday contact.

Case 3 : Wills

Peter and Hardip were assisted with wills, which made it absolutely clear that their respective estates were being left to each other, and not to their families, neither of which had ever accepted their relationship.

Without wills, the intestacy rules do not provide any provision for the partners of same sex and/or unmarried couples.  Therefore, it was essential that they recorded their wishes in a legal document.

Civil Partnerships Bill

A common theme in these case studies is the lack of legal status of the relationship.  This does not mean that other aspects of the law cannot be used to secure some form of recognition, but this is not ideal and there is change on the way.

The Civil Partnerships Act, provides same sex couples with legal recognition.

The Government’s aim is to create equal recognition for same sex couples by introducing a legal status of civil partnership which would be entered into by way of a registration process.

This new law is to be welcomed.  The registration process will make it considerably easier for people to gain the recognition as members of a legitimate relationship, which has historically been denied.

There are provisions in the Act for:

■  Civil partners to provide reasonable maintenance for one another.
■  Civil partners to provide reasonable maintenance for children of the
      family.
■  Protection from domestic violence.
■  Recognition for immigration and nationality purposes.
■  Recognition under intestacy rules.
■  Equal treatment for the purposes of life assurance.
■  Access to fatal accidents compensation.

About GLP Solicitors 

GLP Solicitors are an independent set of solicitors, based in the North West offering a wide range of legal services to all sectors of the community, nationwide.

The Whalley Range office of the group has recently begun to work in partnership with the Lesbian and Gay Foundation to provide independent, impartial and friendly advice to the lesbian, gay, bisexual and transgender (LGBT) community. 

For more information, or to discuss a specific matter, contact:

GLP Solicitors - Enquires
55, Queen Street
Blackfriars
Manchester
M3 7DQ

Tel:       0161 828 0600
Fax:      0161 828 0620

Web Link

12 December 2004