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Legal Updates

18 July 2018

A partial victory for paying spouses, but maintenance for life lives on

Today saw the conclusion of the long running Mills v Mills saga, with the Supreme Court handing down judgment in the husband’s appeal.  The Supreme Court had been asked to consider whether the court was entitled to decline to increase Mrs Mills’ maintenance payments to fund payment of all or some of her rent when her housing needs had been catered for in the original divorce proceedings.

Stacey Nevin

28 June 2018

International families and the price of child relocation without consent

The recent case of a British mother of three young children who was extradited from the United States to England to face criminal charges relating to child abduction and passport fraud serves as a stark reminder of the heartbreaking predicament that an international family can face upon the breakdown of a relationship.

Sarah Dodds

22 May 2018

Less hide, more seek - divorce and financial transparency

It’s not only tax experts that need be alive to the new transparency requirement for company ownership in overseas territories, divorce lawyers will take a keen interest too.

New disclosure rules pushed through the House of Commons on 1 May 2018 will require British overseas territories, including the Cayman Islands, Bermuda and the British Virgin Islands, to publish company ownership registers by 31 December 2020.

Jane Keir

15 May 2018

Surrogacy and Parental Orders for single parents - the ‘non-urgent’ road to change

Since May 2016, prospective single applicants for Parental Orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status. At the end of last year, it was announced that a remedial order to the Human Fertilisation and Embryology Act 2008 (HFEA) had been placed before Parliament. However, five months have now passed and the question remains whether we are any closer to change.

Liam Hurren

15 May 2018

Surrogacy and Parental Orders – how far does the interpretation of “enduring family relationship” extend?

In a case involving a Parental Order (“PO”) application earlier this year, X (A Child) [2018] EWFC 15, which involved the surrogate child of a married couple in a platonic relationship, the President of the Family Division, Sir James Munby, again showed the flexibility the court is, sensibly, willing to give when making important decisions about the legal status of a child within its family.

Connie Atkinson

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