Family Matters

Litigation lender appropriately joined as party to financial remedy proceedings - Simon v Simon (Integro Funding Ltd ("Level") intervening [2022] EWFC 29

The Intervener (L) was the wife's litigation lender. The parties had been through protracted financial remedy proceedings, including a successful appeal & were on their second set of substantive proceedings.

Divorce Dissolution and Separation Act 2020 – The advent of no-fault divorce

On 6 April, a new system of "no fault" divorce was implemented, helping reduce acrimony on marital breakdown.

Judgment in Case C-289/21 - IB – only one habitual residence is possible.

The parties, a French national and an Irish national were married in Ireland. Although the parties had lived in Ireland since 1999, the husband had, for several years, returned every week to France, where his professional interests lay. The Court of Appeal in France (where he instigated a divorce) considered that he had two residences, one for the weeks he was in Paris and the other with his wife and children in Ireland.

Guidance on treatment of soft loans - P v Q [2022] Lexis Citation 14

The parties to a financial remedy application in the Central Family Court each asserted that previous payments made by their parents were loans, rather than gifts, and needed to be repaid.

Financial Remedies Court Efficient Conduct Statement

Mostyn J and HHJ Hess released an Efficient Conduct Statement for the Financial Remedies Court, signalling changes to the way that cases should be dealt with in the Financial Remedies Court.

Parental order made in relation to adult child - X & X v Z & Z & Y [2022] EWFC 26

Mr & Mrs X sought a parental order in relation to their son, Y, who is now 24, following a surrogacy arrangement with Mrs Z. Her husband, Mr Z was also a party.

Guidance to the judiciary on approach to fact-finding hearings

The President of the Family Division, Sir Andrew McFarlane P, has issued guidance to the judiciary on the approach to fact-finding hearings.

Modernising UK surrogacy law – the way forward

This year marks the 31st anniversary of the establishment of the Human Fertilisation and Embryology Authority ('HFEA'). Whilst the UK has come a long way since the HFEA was founded in 1991, when it comes to domestic and international surrogacy arrangements, there is still a long road ahead.

Surrogacy: planning for a family

Surrogacy is increasingly becoming an option for couples and individuals. It is crucial to plan meticulously for building a family and ensure that legal parentage has been properly conferred. However, consideration as to the child's future financial security is also paramount to the surrogacy journey.

National Surrogacy Week: International Surrogacy - Where are we?

1 – 7 August 2022 marked National Surrogacy Week, a week-long celebration of UK surrogacy and UK surrogacy choices.