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Supreme Court considers maintenance law
The Supreme Court has dismissed an appeal against a ruling that the English courts had the authority to order him to pay maintenance to his ex-wife. The couple had married in England in 1994 before moving to Scotland. When they separated in 2012 the wife returned to England. The following year she filed for divorce in the English courts. But... more >
Radical Divorce Bill Awaits Approval
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.... more >
Government to review domestic abuse employment rights
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... more >
Judge considers human rights in ‘tragic’ surrogacy case
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... more >
Court of Appeal upholds decision to register transman as ‘mother’ on birth certificate
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... more >
Report into remote hearings during lockdown published
A ‘rapid consultation’ into the effectiveness of remote hearings in the family courts has been published by the Nuffield Family Justice Observatory. Remote hearings via video conferencing software or telephone became the default after social distancing measures began in March. Over 1,000 respondents submitted their views and experiences over two weeks in April, including legal and social work professionals, parents... more >