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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
Our clients frequently come to us with the understanding that where they marry is relevant to where they will get divorced. They assume there is a connection to that place and that there is no choice therefore as to where they might get divorced. These assumptions are wrong and an already complex picture is even more confusing for international couples when it comes to pre-nuptial agreements.
As the number of children born in the UK to foreign parents is soaring, with 1 in 3 nationally and 7 in 10 in London being born to at least one foreign parent, it is no surprise that difficulties increasingly arise when family relationships break down.
Divorcing couples involving foreign nationals are frequently faced with making important decisions about which country to divorce in, the financial support being sought and arrangements for the care of the children. In some cases, the UK immigration status of one party and the child(ren) may also be affected by the separation.
The US and Canadian chapter of the International Academy of Matrimonial Lawyers (IAML) recently held a meeting at the New York State Bar, at which they looked at recent developments in the law pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. I
As reported widely in the media recently, important changes to the family justice system came in to force on 22 April 2014. One of the key changes was the amendment to many of the court application forms (in particular those for commencing children and financial proceedings), which now require confirmation that mediation has been considered as a method for resolving financial or children issues on separation.
Same-sex marriage may now be legal, but surrogacy remains a legal minefield in the UK. Surrogacy is an increasingly popular route to parenthood for gay couples, enabling them to have a child genetically connected to one of them. UK based couples should, however, be fully aware of the legal implications (at home and abroad) before embarking on the surrogacy journey.
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