Same sex partners have the right to live in any members states, including those who oppose gay marriage

Same sex partners have the right to live in any members states, including those who oppose gay marriage

Same Sex Partners Have The Right To Live In Any Members States, Including Those Who Oppose Gay Marriage

In this week’s spotlight, we look at the recent right for same-sex partners to live in any EU member states, including those which oppose same-sex marriage. Earlier last month, a European Court ruled that EU nations that oppose same-sex marriage must give same-sex couples equal residency rights to those which heterosexual partners enjoy.

Case Background

The European Court of Justice ruled in favour of a Romanian gay man’s right to have his US husband live with him in Romania. The American Man, Clai Hamilton was denied residency in Romania with Adrian Coman, his Romanian spouse. Instead, he was allowed to stay in the country for 3 months. In this case, Romania argued that the American was not entitled to the same EU residency rights awarded to spouses because same-sex marriages are illegal in Romania. However, the European Court of Justice held the term ‘spouse’ was gender neutral. This decision ruled that EU member states must recognise same-sex marriages from other EU states and allow same-sex couples the same residency rights that other families enjoy.

Implications

This significant ruling provides that the freedom of residence of an EU citizen can no longer be obstructed by a member state’s refusal to grant residency to their same-sex spouse. Still, member states have the freedom to acknowledge marriage between same-sex couples or not. This judgement has implications for same-sex couples in Romania, Bulgaria, Poland, Slovakia, Lithuania, and Latvia. As these former communist countries currently offer no legal protection to same-sex couples.

Whilst the European Court of Justice did not mention any need for member states to legislate on same-sex marriages, campaigners have argued the legislation of same-sex marriages is a fundamental human right. This is particularly challenging because the opposition to same-sex relationships is fierce in conservative Romania, where homosexuality was only decriminalised in 2002. The European Commission has reinforced their impartiality by insisting the ruling is not a drive from Brussels to force social change in the EU. Margaritis Schinas, a spokesman for the European Commission, stated ‘Member states are in charge – but this is a useful clarification in terms of avoiding discrimination.’

Conclusion

Same-sex marriage has been legalised in 24 countries worldwide including England and Wales, Ireland, and the United States. Whilst it remains for Member States to decide whether to legalise same-sex marriages within their borders, this ruling is a significant step forward to prevent discrimination on the basis of sexual orientation.

At Grayfords, we deal with international cases as well as those solely relating to England and Wales. Our solicitors are happy to offer advice on a range of LGBT+ matters including civil partnerships, same-sex marriage, property and asset division, pre-nuptial and pre-civil partnership agreements, children issues, and surrogacy.

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At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.