Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Celebrations are continuing in New York where, later this month (24 July 2011) it will be possible for same sex couples to marry in the state of New York for the first time following the state Marriage Equality Act coming into force.
Contrary to common belief, there is no such thing as a common law husband or wife in England, and the remedies available to separating cohabitants are far more limited (and complicated) than those of divorcing couples. Unmarried couples have to rely on a mixture of property and trust law when trying to prove an interest in a family home which is not registered in their name.
The story that Patricia Kluge, who was once known as “the wealthiest divorcee in history”, has declared herself bankrupt has underlined the importance of receiving joined up legal and financial advice not only upon divorce but also on an ongoing basis.
The ethical and legal issues surrounding surrogacy have hit the headlines over the last few weeks as a result of the comments of Mr Justice Hedley on 19 May, who highlighted the difficulties he faced when asked to give retrospective judicial authority to commercial surrogacy arrangements made abroad. He said that Judges were focusing on the best interests of children born to a surrogate but he pointed out there was a tension between the interpretation of statute and the welfare of the surrogate child.
If ever a reminder were needed about the wide ranging powers and discretion of the English court in divorce proceedings, it came yesterday in the Judgment given by the Court of Appeal in the case of Whaley.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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