United Kingdom: marriage, divorce, inheritance and abortion

Fundamental rights. Courts can declare a statute incompatible with rights — but they cannot strike it down. Parliament has the last word.

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The country in brief

Location map — United Kingdom
United Kingdom. Simplified location map — Natural Earth data, public domain.

Accounts to follow

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Ministry of Justice UK

X · @MoJGovUK · 380.9 k followers

Official account

We protect & advance the UK's principles of justice, working to deliver a world-class justice system for all. This page is not moderated.

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American Psychiatric Association

LinkedIn · @american-psychiatric-association · 485.8 k followers

Research / university

The American Psychiatric Association is a national medical specialty society whose more than 39,200 physician members specialize in diagnosis, treatment, prevention and research of mental illnesses including substance use disorders. Visit the APA at www.psychiatry.org. A decision to share social media content does not represent an explicit endorsement of non APA material. For APA's positions and policies, visit

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British Psychological Society (BPS)

LinkedIn · @british-psychological-society · 284.6 k followers

Research / university

The British Psychological Society is the representative body for psychology and psychologists in the UK, and is responsible for the promotion of excellence and ethical practice in the science, education, and practical applications of the discipline.

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Institute of Psychiatry, Psychology & Neuroscience

LinkedIn · @kingsioppn · 6 442 followers

Research / university

The Institute of Psychiatry, Psychology & Neuroscience (IoPPN) at King’s College London is one of the largest in Europe and the largest in the UK centres for research and education in psychiatry, psychology, and basic and clinical neuroscience. The IoPPN is renowned for its high-quality research and was the most cited research centre outside the US and the second most cited in the world, according to indicators by Thomson Reuters and SciVal. It produces more highly cited outputs (top 1% citations) on psychiatry and mental health than any other centre (SciVal 2021), and on this metric has…

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BBC

Facebook · @BBCGlobalFB

Media

Keep up to date with the BBC around the world. If you’re in the UK, follow BBC. For the latest news and analysis follow BBC News. This is a commercial channel from BBC Studios.

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The Guardian

Facebook · @theguardian

Media

The world's leading liberal voice, since 1821

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BBC Woman's Hour

Instagram · @bbcwomanshour

Media

Radio 4 programme & podcast. Women’s voices & women’s lives. 10am Mon-Fri, 4pm Sat & on @bbcsounds Presented by @itsanitarani and @bbcnuala

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CosmopolitanUK

Instagram · @cosmopolitanuk

Media

Listen to our new podcast, Are We Into This? every Thursday wherever you get your podcasts

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The country's law, area by area

Marriage, partnership and divorce

Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce

Children, family and inheritance

Names · Adoption · Assisted reproduction · Childcare · Step-families · Inheritance

Contraception, abortion, sexuality and drugs

Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco

Violence, consent and sexual offences

Consent and age of consent · Domestic violence · Female genital mutilation · Sexual offences committed abroad

Online: privacy, image, data and scams

Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams

Health: pregnancy, STIs and care

Pregnancy · Periods and period products · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV

Fundamental rights

Key points

StatuteHuman Rights Act 1998, incorporating the European Convention
Declaration of incompatibilityCourts cannot invalidate an Act of Parliament
Public authoritiesActing incompatibly with Convention rights is unlawful
Equality Act 2010Discrimination in work, services, education and housing
Judicial reviewUsually within three months of the decision challenged
StrasbourgFour months from the final domestic decision
Section 3Courts must read legislation compatibly with Convention rights so far as possible
Public authorityIncludes bodies exercising functions of a public nature, not only government
DamagesAvailable for breach, but awards are modest and discretionary

Understanding the rules

The Human Rights Act 1998 makes Convention rights enforceable in domestic courts. Its central compromise is section 4: where a statute cannot be read compatibly, the court issues a declaration of incompatibility, which leaves the statute in force and puts the matter back to Parliament. The Equality Act 2010 covers discrimination, and Strasbourg remains available after domestic remedies are exhausted.

In practice

  • Frame the claim against the public authority and identify the specific Convention right engaged.

Where to go

Worth knowing

The judicial review time limit is short — promptly and in any event within three months. Missing it usually ends the case regardless of its merits. Section 3 does most of the practical work. A declaration of incompatibility is rare; a compatible reading of the statute is the usual outcome.

The general article: Fundamental rights · Compare with another country

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Advice

Sources

  1. Human Rights Act 1998, section 4 : Declaration of incompatibility — UK Government (GOV.UK), 1998
  2. Human Rights Act 1998, section 3 : Interpretation of legislation — UK Government (GOV.UK), 1998
  3. Human Rights Act 1998, section 6 : Acts of public authorities — UK Government (GOV.UK), 1998
  4. Human Rights Act 1998, section 8 : Judicial remedies — UK Government (GOV.UK), 1998
  5. Civil Procedure Rules, Part 54 : Judicial Review (rule 54.5) — UK Government (GOV.UK), accessed 2026
  6. Convention européenne des droits de l'homme (article 35, conditions de recevabilité) — European Court of Human Rights (ECtHR), 2022
  7. Equality Act 2010 (table des matières : services, logement, travail, éducation) — UK Government (GOV.UK), 2010
  8. The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, regulation 1 — UK Government (GOV.UK), 2019
  9. Matrimonial Causes Act 1973, section 1 (divorce sans faute, version issue de la loi de 2020) — UK Government (GOV.UK), 2022
  10. The Civil Partnership (Opposite-sex Couples) Regulations 2019, regulation 1 — UK Government (GOV.UK), 2019
  11. Inheritance (Provision for Family and Dependants) Act 1975, section 1 — UK Government (GOV.UK), 1975
  12. Abortion Act 1967, section 1 : Medical termination of pregnancy — UK Government (GOV.UK), 1967

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

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Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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