All Posts By

Tricia Ashton

Radical Divorce Bill Awaits Approval

By | divorce, Law news | No Comments

The radical Divorce, Dissolution and Separation Bill completed its passage through both Houses of Parliament this week and is now awaiting Royal Assent, the final stage in the creation of new legislation. The key change introduced by the legislation will be the removal of the current requirement to cite one of five ‘facts’ or reasons when applying for a divorce. These are: Adultery Unreasonable behaviour Desertion Two years’ separation by agreement Five years’ separation without agreement The requirement to cite these facts has been a bone of contention for decades, with lawyers and campaigners arguing that attributing fault in four…

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Government to review domestic abuse employment rights

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The government has announced a review of the best ways to protect domestic abuse survivors in the workplace. Topics under consideration will include flexible working, unplanned leave, and protections against financial abuse, such as paying the employee’s salary into a different account or providing emergency payments. Examples of best practice within the UK and abroad also be examined. Written evidence has been invited from employers across the country, on the following issues: What practical circumstances arise in relation to domestic abuse and work? What support can be offered in the workplace for victims of domestic abuse? What is possible with…

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Judge considers human rights in ‘tragic’ surrogacy case

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In a precedent-setting case, a widow has been declared the legal parent of a surrogate child. The case, Re X (2020), concerned a couple referred to in the judgement as Mr and Mrs Y. They wanted children but had been unable to conceive, and several rounds of IVF had also failed. They began to consider surrogacy and were eventually introduced to a second couple, Mr and Mrs X, who agreed to enter a surrogacy agreement with them. As surrogacy for profit is not legal in the UK, this would have been a personal arrangement between the two families. An embryo…

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Court of Appeal upholds decision to register transman as ‘mother’ on birth certificate

By | Law news, News | No Comments

The Court of Appeal has refused a bid by a trans man to be registered as the father of a child he gave birth to. The case concerned a journalist who legally and medically transitioned to life as a male during his 20s, receiving a gender recognition certificate, under the Gender Recognition Act, in 2017. Nevertheless, the man retained the capacity to have children and eventually conceived via in vitro fertilisation the following year. But when the journalist attempted to officially register the boy’s birth, the registrar insisted that he would have to be listed on the birth certificate as…

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