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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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Compensation payments on divorce – how are they treated?

By | divorce, financial, News, the family courts | No Comments

We are all aware of medical negligence claims or national tragedies, such as the Grenfell Tower fire, and here at CFLP, we are sometimes asked how annual grants to victims or beneficiaries from charitable, or other, trusts or compensation payments following personal injury cases, are viewed on divorce. Before dealing with this in detail, we set out a brief recap of the main principles which guide the Family Courts when making financial orders; the main factors are set out in s25 Matrimonial Causes Act 1973 (MCA), but  the overlying principles, following decisions made in the higher Courts, are:- The Sharing…

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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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