Family Matters

CMX v EJX [2022] EWFC 136 - Pre-nuptial agreement upheld, despite lack of legal advice or full disclosure

The husband (H) is French. The wife (W) is French/Lebanese/British. The parties met and commenced a relationship in 1986 and married in 1994. In contemplation of their marriage, they signed a Marriage Contract in June 1994. It was a standard, straightforward agreement on a separation of property basis. Although the circumstances of signing the marriage contract were disputed, the Notaries instructed had connections to W's family. Shortly after the marriage, the parties moved to England.

Government response to Women & Equalities Committee's Report on the rights of cohabiting partners

In August 2022, the Women & Equalities Committee published their report on the rights of cohabiting partners.

Lecture by Sir Andrew McFarlane P at Family Mediation Association Conference

Sir Andrew McFarlane P delivered a lecture at the Family Mediation Association Conference on "relaunching family mediation" at which he reiterated that his number one priority during the remainder of his term as President is to reform the approach to the resolution of private children disputes.

TM v KM [2022] EWFC 155 – compensation ordered

The parties started cohabiting in the USA in 2004 and moved to London in 2006. In January 2010 they moved to the Middle East. The wife returned to England in 2016 and the husband followed in 2017. The parties had two children, one aged 14 and one aged 11. The wife had a highly successful career in investment finance prior to 2008, when the parties' eldest child was born. The husband still worked in investment finance and had a gross annual income in the region of $2M.

Y & Anor v V & Ors [2022] EWFC 120 - Successful application for parental orders for twins born in Georgia

A same-sex couple living in Thailand, one of whom was a British citizen ('Y'), entered into a surrogacy arrangement in Georgia, where same-sex surrogacy is prohibited. The surrogacy arrangement resulted in twins being born prematurely in summer 2020 and requiring a period of care in a neonatal intensive unit.

Transparency Reporting Pilot for Children Proceedings in Leeds, Cardiff and Carlisle

The President of the Family Division, Sir Andrew McFarlane has announced a reporting pilot for children proceedings in Leeds, Cardiff & Carlisle, running from January 2023 – January 2024. Under the pilot, accredited journalists & legal bloggers will be allowed to report what they see and hear in court and have access to some of the case documents provided they "protect the anonymity of families".