News & Guides
Expert commentary, case analysis, and practical guides on divorce, children's arrangements, financial remedy, and more.
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DivorceDoes the ‘right-to-buy’ defy death?
The Court of Appeal (CoA) had to answer whether a family member of a secure tenant has the right to buy posthumously under the Housing Act 1985. Background: Mrs. Laura Howe was the secure tenant of
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Child ArrangementsBeware of the use of fertilised embryos without the written consent of the deceased
The High Court was faced with tragic circumstances and the difficult question of whether EF could use an embryo created with his sperm and his late wife’s eggs in treatment with a surrogate.
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Child ArrangementsFamily LawRecognition of Nigerian adoption
The High Court had to apply the common law test for the recognition of foreign adoption. Background: Mrs. O, a Nigerian-born born in 1972, moved to live in the UK with her family circa. 1978. In
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Child ArrangementsFamily LawAdoption orders where the adoption under the Foreign Element Regulations 2005 have not been fully complied with
The Court heard a case which raised important legal questions regarding the correct interpretation of Section 83 of the Adoption and Children Act 2002 (ACA 2002) and the possibility of making an
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Child ArrangementsThe legitimacy of international surrogacy agreements and Parental orders
The High Court faced an application for a Parental Order relating to a surrogacy arrangement made in Germany. Background: Mrs. W and Mr. W applied for a Parental Order application for their son F
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DivorceFinancial ArrangementsMaterial misrepresentation in financial remedy proceedings
The Court of Appeal (CoA) was asked whether the Lower Court should have set a judgement aside based on inaccurate evidence given by the wife and her failure to comply with her duty to give full and
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Financial ArrangementsA sub-sale scheme between husband and wife may actually increase the consideration due to HMRC
It is tempting to sub-sell interests in a property to your spouse to avoid paying Stamp Duty Land Tax (SDLT). However, such a scheme could, in fact, backfire and result in a higher consideration being
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Child ArrangementsFamily LawNegotiating relocation orders for a child
The High Court (HC) recently heard an appeal against a Family Court Order (FCO) permitting a mother to relocate with her child. Background: The father and mother met in 2015 and were married in
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Child ArrangementsFamily LawSelling your spouse’s property to fund your legal costs following a child abduction is not straightforward
The High Court was faced with this very unusual question when a mother did not seek to sequester the father’s property to pay the money she was owed, but rather to fund the costs of her litigation in
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Financial ArrangementsNo bypassing of Financial Dispute Resolution procedures
The High Court heard an appeal against interim orders, one of which dispense with Financial Dispute Resolution (FDR) and proceed straight to a final hearing. Background: Various interim orders have
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DivorceFinancial ArrangementsDivorce overseas and ensuing financial provisions
Financial provision after an overseas divorce is regulated under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). For the dissolution of a civil partnership, the financial
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Child ArrangementsThe welfare of the child is paramount in situations of non-therapeutic circumcision
The High Court rejected a father’s request for a non-therapeutic circumcision of his son who is subject to a care order. Background: G is a 16-month-old boy subject to a care order in favour of the
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