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Birth Certificates Are Not Set in Stone - High Court Paternity Declaration

The fathers of those who are given up for adoption as babies are often not identified on their birth certificates and that can be a painful barrier to their formation of cultural and family identities in later life. As a High Court ruling showed, however,...

High Court Gives Effect to French Marriage Contract in Big Money Divorce

When spouses each make valuable contributions to a long marriage, the general rule is that marital assets should be divided equally in the event of divorce. As an unusual High Court ruling concerning the validity of a French marriage contract showed,...

Foreign Surrogacy Arrangements - High Court Underlines the Hazards

Delays in surrogacy treatment in England may be long but, as a High Court ruling showed , those who look abroad to fulfil their desire for parenthood may well be placing their own and their children's legal status at risk. The case concerned a same-sex...

What Amounts to 'Marital Reconciliation'? Unique High Court Ruling

Some couples have second thoughts in the midst of divorce proceedings and get back together. However, in a unique decision, the High Court has ruled that the resumption of a toxic relationship does not amount to marital reconciliation . The case concerned...

International Child Abduction - Habitual Residence is Often the Crucial Issue

The outcome of international child abduction disputes very often depends on a single issue – where is the child concerned habitually resident? That was certainly so in the case of a toddler with an English-born mother and an Israeli father . The...

How Much Weight Should be Given to Pre- and Post-Nuptial Agreements?

In many big money divorce cases, disputes concerning the validity and enforceability of pre- and post-nuptial agreements take centre stage. However, as a Family Court ruling showed , such agreements do not displace the judicial obligation to achieve a fair...

Leaving Home - Mother Ordered to Respect Disabled Son's Independence

The wrench of a child leaving home is a tough experience for many parents and that can be particularly so when the child is disabled. However, as a Court of Protection case showed , not even parents are entitled to stand in the way of their offspring...

Divorce - There Can Be a High Price for Failing to Negotiate Responsibly

Divorcees who are unwilling to give ground and negotiate responsibly with a view to achieving a financial settlement with their ex-spouses are highly likely to pay a stiff price for their lack of flexibility. The High Court emphasised the point in a...

Child's Birth to Same-Sex Couple Triggers Bureaucratic Tangle

No one should be surprised to hear that, when a same-sex couple have a child following lawful IVF treatment, each of them has a right to be registered as the child's legal parent. However, as a High Court case showed , whilst the law has generally kept pace...

Foot-Dragging Divorcee Pays Price for Unnecessary COVID-19 Adjournment

Some divorcees drag their feet in a misguided attempt to put off the hour when they must divide their assets with their ex-partners. However, a case involving a husband who caused costly delay when he asserted that he had COVID-19 showed that family judges...
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