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Family Law Blog

15 July 2016

Divorce in France or in England – who plays the blame game?

I often tell family law clients that the English Channel may only be 30 miles wide but it may as well be 30,000 miles deep for le consentement. In England, we sometimes point to the generous financial provision for weaker financial parties as a sign of a civilised financial system. In other respects, we are not so far ahead.

A stark picture of differences in divorce procedures appears when you compare statistics on number of divorces and reasons for divorce. In both jurisdictions (referring to England and Wales vs. France, excluding Scotland and Northern Ireland) broadly similar numbers of people get divorced each year.

28 June 2016

Divorce in the digital age - avoiding the pitfalls of social media

Social media undeniably plays a huge part in our lives today.  At the last count, I had six apps on my phone, four of which I use regularly to stay “connected” and all of which contribute to my digital footprint.  Social media is a normal (some may say obsessive) part of most people’s modern day life. 

Given that, it is hardly surprising that issues relating to social media arise in family cases.   An increasing number of divorce petitions based on one party’s unreasonable behaviour now refer to social media, and the impact of social media doesn’t stop there.  For many, social media offers a way to help them cope with marital breakdown through posts of support by online friends and followers.  However it is used, it can prove to be a useful source of evidence in many cases and those using online profiles should be wary of the potential pitfalls.

Stacey Nevin

20 June 2016

UK surrogacy law - are we finally on the road to reform?

Surrogacy lawyers were all waiting with baited breath for the decision in the recent Re Z (A child) 2016 EWHC 1191. In this case, a single father made an application for a declaration that the refusal to grant him a parental order was incompatible with the European Convention on Human Rights/the Human Rights Act.

7 June 2016

Moving counties or countries with children after separation - where to now?

There is a wealth of information available to separating families when they make the transition from a two parent family to being single parents and sharing the care of their children, but what happens when time moves on and separated parents start to settle into their new lives? As the months and years go by, new partners and new children may come into the picture or a parent may feel that they want to move on and start a new life. The effect of separation can often mean creating two houses out of one and families may well feel that an area which was perfect for them as a family is now not what they need as a single parent. It may be that the affordability of housing, difficulty getting into schools or lack of support network in the area pushes the parent with care to consider a move. 

Olivia Stiles

27 May 2016

Do recent cases signal an end to ‘divorce tourism’ in England & Wales?

Four years ago, a headline in the Times read “Divorce tourists take over the courts”.  In contrast, last month’s headline in the Guardian, “Court takes stand against divorce tourism” suggests that divorce tourism is being curtailed by family Judges. 

Tom Beak

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