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Family Law Blog

14 September 2016

Divorce and summertime blues in the UAE

The idea that spending time with family at Christmas triggers marriage breakdown has always been overshadowed by the tensions for many of the long summer holidays. In the UAE, the summer has been very long indeed this year, starting with Ramadan in early June followed by the annual “migration” during the hottest summer months and now the holidays associated with Eid.  Coupled with the economic pressures and uncertainties that have marched in time with the fall in oil prices, many ex-patriot families are thinking of heading home for good and some about divorce.

31 August 2016

Options in the English courts for ‘illegitimate’ children living in the UAE

It comes as a surprise to many that it is not possible to bring any action or present any agreement to a court in the UAE in respect of a child born out of marriage (sometimes rather unkindly referred to as ‘illegitimate children’). This fact was established in the proceedings leading to the recent Court of Appeal decision in Re B (Children) [2015] EWCA Civ 1302, which was a case involving the relocation of two children to the UAE from England. 

24 August 2016

What happens to a divorce settlement if a spouse dies during or after divorce proceedings?

Going through a divorce can be both emotionally distressing and technically challenging at the best of times. However, in the event of one spouse dying during or shortly after divorce proceedings it can bring an added element of complication. Although this is thankfully a very rare occurrence, there are options to consider depending on the stage divorce proceedings have reached.

Alexandra Bishop

18 August 2016

The Child Arbitration Scheme – resolving family disputes about children outside of court

Until now the Family Law Arbitration scheme, launched in 2012, has been exclusively for disputes relating to finance and property. The scheme has now been extended to include disputes relating to children, offering parents an out of court alternative.
The experience of attending court can often contribute to an already stressful time for parents. The introduction of the Child Arbitration scheme provides parents with a tried and tested alternative to the court. But why should you choose Arbitration? And is it all good news? 

 

Tom Beak

12 August 2016

The case of Re Z: the pitfalls of informal surrogacy arrangements and the importance of transparency and trust

A recent case before the court provides a timely reminder of the pitfalls and difficulties which can arise as a result of informal surrogacy arrangements.
The case of Re Z [2016] EWFC 34 involved a baby boy (Z) born as a result of an informal surrogacy arrangement. The commissioning parents, a male same sex couple made contact with the eventual surrogate, X, via a Facebook forum. The commissioning parents and potential surrogate met only once and it was at this meeting that they presented X with a typed commercial surrogacy agreement they had found on the internet.

Olivia Stiles

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