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Family Law Blog

29 June 2011

No such thing as a common law

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.

Connie Atkinson

27 June 2011

Kluge debt? Get advice fast!

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.

Connie Atkinson

1 June 2011

Surrogacy hits the headlines

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.

25 May 2011

A matter of trust...continued

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.

20 April 2011

WHSmith - shopping for divorce

WHSmith (WHS) has announced plans to provide ‘in-store’ legal advice which is likely to include family law. The backdrop is the implementation of the Legal Services Act which comes into effect in October. This seeks to de-regulate the provision of legal services which will no longer be the preserve of traditional law firms and so ‘alternative business structures’ will be licensed to provide legal services. WHS (in common with others e.g. Tesco) plan to offer legal advice in conjunction with new businesses set up for the purpose e.g. QualitySolicitors (a franchise of small rebranded law firms).

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