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Family Law Blog

14 March 2017

Practical tips on varying spousal maintenance – does life mean life?

After several cases suggesting a sea of change and an end to "meal tickets for life", the recent case of Mills v Mills may have stemmed the tide. Maintenance orders for life can hold uncertainties for both the payer and the recipient. If you are the payer, what does maintenance for life really mean? If you are the recipient, could your maintenance be terminated or reduced in the future? Either party could be subject to a variation order in the future.  Whilst we cannot dissect the decision in Mills v Mills without the judgment, in this blog we set out key practical points that anyone facing a variation application (whether the payer or the recipient) may find helpful to consider.  

Stacey Nevin

6 March 2017

No fault divorce – taking the blame out of divorce to reduce conflict and litigation

The debate surrounding our fault-based divorce system is not a new one. However, the recent case of Mr and Mrs Owens, in which Mrs Owens appealed the court’s decision to reject her divorce petition, demonstrates the need for urgent family law reform.

Currently, in order to petition for divorce one party is required to prove that the marriage has broken down irretrievably. This can be evidenced by adultery, unreasonable behaviour, desertion or separation (of two years with the consent of both parties, or of five years without consent). 

Tom Beak

21 February 2017

A call to arms for equal civil partnerships following Court of Appeal decision

More couples need to stand up, like Rebecca Steinfeld and Charles Keidan, and demand the freedom to choose how to define their relationship.  There are millions of unmarried couples in the UK and their ability to choose between marriage and civil partnership should not be determined by their sexual orientation.

Lauren Evans

26 January 2017

Surrogacy and separation – when relationships break down during the surrogacy journey

Starting a family can be a wonderful and emotional time for any family, but when parents have experienced fertility issues and their journey to parenthood has been longer and more difficult, this can leave people feeling sensitive and fragile. Many couples are turning to surrogacy to create their family and in some cases this follows years of trying to become pregnant.  The decision to embark on surrogacy is a huge and important one and the surrogacy journey itself can also be stressful.  Parents feel hopeful and anxious at many points, from starting a relationship with the surrogate to when embryos are created and transferred, when pregnancy tests are undertaken and when it comes to the birth and getting used to being parents.  Having children brings fundamental changes to family life, which can at times put a strain on the relationship.

Connie Atkinson

13 December 2016

Regulating Relations – parenthood through assisted reproduction in Australia and abroad

Whilst travelling in Sydney, I met Isabel Karpin and Michaela Stockey-Bridge of the University of Technology Sydney who, through Regulating Relations, are conducting the largest Australian research project of its kind: "Forming Families Inside and Outside of the Law". 

Connie Atkinson

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