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Tricia Ashton

Can an individual who has carried and delivered a child be recorded as the father of that child? Hearing in the High Court before the President of the Family Division.

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Jeremy Ford, Partner at Cambridge Family Law Practice, is instructed on behalf of the child in a groundbreaking case being heard before the President of the Family Division from 11-15 February 2019. The child’s biological parent (“the claimant”) is a transgender male.  He became pregnant by way of intrauterine insemination treatment using donor sperm.  The hearing has arisen as the Registrar General contends that he only has the power in law to record the claimant on his child’s birth certificate as the mother.  Whereas, the claimant argues that such approach breaches his and his child’s article 8 and 14 ECHR…

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Government to consult on ‘no-fault’ divorce

By | divorce, Divorce myths, FAQ, Law news, marriage, News | No Comments

In recent months, the government launched a consultation on ‘no-fault divorce’, calling for the existing fault-based system of establishing marriage breakdown to be abolished. This follows the highly publicised Supreme Court decision in Owens v Owens [2018] UKSC 41, where a wife of 40 years was refused a divorce due to ‘flimsy and exaggerated’ examples of unreasonable behaviour. At present, a person can only petition for divorce on the basis that their marriage has irretrievably broken down, and this must be supported by one of five ‘facts’: Unreasonable behaviour by the other party Adultery by the other party Desertion by…

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Movement in cohabitation claims – recognition of financial dependence

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The law on cohabitation and inheritance has come under scrutiny again as the High Court has ruled in favour of a woman who was neither married to, nor in joint property ownership with, her late partner and who initially received nothing from his £1.5 million estate after his death. In a ruling handed down on 29 March this year, the High Court ruled in favour of 79-year-old Joan Thompson who, it said, should be entitled to a distribution of her late partner, Wynford Hodge’s estate. In Thompson v Raggett, Joan Thompson pursued a claim under the Inheritance (Provision for Family and Dependants)…

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