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Law news

Important amendment to the Human Fertilisation and Embryology Act 2008 for single biological parents

By | Children, Law news, News, the family courts | No Comments

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 came into force on 3 January 2019.  This now allows single biological parents who embark on the journey of surrogacy to apply for a parental order; the making of which has the transformative effect of making that person the legal parent of their child. Prior to this statute did not permit a single applicant, despite being biologically linked to their child, to be recognised in law as the legal parent of their child following the surrogacy process. The groundbreaking case of Z (A Child) (No 2) [2016] EWHC 1191 (Fam)…

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Good Divorce Week

By | divorce, Law news, Mediation, News | No Comments

At CFLP, we are all proud members of Resolution, a community of family justice professionals who work with families and individuals to resolve issues surrounding family breakdown in a constructive way. As Resolution members, we will always seek to reduce or manage any conflict and confrontation, to support and encourage families to put the best interests of any children first, and to act with honesty, integrity and objectivity. We all are, or have been, involved with Resolution at local and national level: our Adam Moghadas is former Chair of the local Cambridge and West Suffolk group, our Tricia Ashton is…

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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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Bereavement Benefits for Unmarried Partners

By | Law news, Living together/cohabitation, News, the emotional side, the family courts | No Comments

Co-habitation has once again come under the spotlight with the recent Supreme Court decision that denying bereavement benefits to unmarried, cohabiting partners with children is incompatible with the European Convention on Human Rights (ECHR). The case – An application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 – centred around the widowed parent’s allowance (‘WPA’) – a contributory, non-means-tested benefit payable to men and women with dependent children who were widowed before March 2017. Ms McLaughlin’s partner, John Adams, died on 28 January 2014. They had lived together for 23 years and had four children. In accordance…

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