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Family Law Archive - March 2017

Found 16 matches. Showing page 1 of 2.

Family Justice Bill has first reading in House of Commons

A 'Family Justice' Bill which seeks to shake up family proceedings had its first reading in the House of Commons this week. Suella Fernandez, the Conservative MP for Fareham, introduced the bill on Tuesday. If successful the bill would make provision for the enforcement of Child Arrangement Orders and establish a presumption in favour of shared... Read More

K v K: Consideration of conflicting facts and a decree of nullity

In this case, the parties agreed that they were not lawfully married so the court had to consider whether the petitioner could be granted a decree of nullity. Parties are entitled to a decree of nullity in circumstances where their marriage is either void or voidable. The law A voidable marriage is essentially defective and may be annulled if the... Read More

House of Lords report raises concerns about family law in post-Brexit Britain

The House of Lords EU Justice Sub-Committee this week published its report on post-Brexit cooperation between EU law and civil and family law in the UK. The report, published on Monday, raises concerns that there are as yet no coherent plans to replace this regulation that is crucial for the enforcement of family law judgments across Europe,... Read More

Best friends legally become ‘co-mommas’ for the first time in Canada

Two women have become the first non-romantic pair to be legally recognised as co-parents in Canada. Natasha Bakht and Lynda Collins are best friends and now both mothers to Natasha’s disabled son, Elaan, after a two-year legal battle. Natasha, 44, decided to have a child through a sperm donor when she was in her thirties. Her friend and fellow... Read More

Was your marriage a mistake? A look into void marriages

It is sadly not uncommon for couples to come to see their marriage as a mistake. For some celebrities, this can happen within a matter of hours, whilst for the so-called “silver splitters” it may come after decades together. For a handful of couples, however, the court has ruled that their marriage was founded on a literal mistake, rather than... Read More

Portioning out pensions in Goyal v Goyal (No 3)

This case picked up from Mostyn J’s decision in Goyal v Goyal (No 2) EWFC 50. Following the Court of Appeal’s decision to overturn the pension order, Mostyn J heard the case on the ownership of the pension as well as applications made by the husband and wife about maintenance. The background Mr and Mrs Goyal married in September 2003 and had a... Read More

Iraqi MP proposes state-incentivised polygamy to help war widows

A female Iraqi MP has proposed financial incentives for polygamy in the hopes of providing husbands for the country's many war widows. At a press conference on Sunday, Jamila al-Ebeidi urged women to "renounce the one-woman mentality at the expense of our sisters," and recommended tax allowances to encourage men to marry multiple woman. She now... Read More

Forced Marriage Unit 2016 statistics released

The Forced Marriage Unit (FMU) has published its statistics for the year of 2016. This joint Home Office and Foreign & Commonwealth unit, established in 2005, gives advice and support to potential or actual forced marriage victims. The statistics reveal the international reach of British nationals being forced into marriage but, as forced... Read More

Judge grants polyamorous triad shared custody rights

In New York's Suffolk County, Supreme Court Judge H. Patrick Leis III granted three adults who were formerly engaged in a polyamorous relationship "tri-custody" of their 10-year-old son. The landmark ruling is the first time in the state that a judge has granted joint-custody to three parents for one child. By way of background, the parties to the... Read More

Nullity, and how to void a marriage to a fraudster

An Australian woman who was married and divorced by a fraudster without her knowledge, has won her bid this week to have the marriage declared invalid. The woman, known only by the court-provided pseudonym Ms Chou, only discovered the scam in 2014 whilst supporting her partner's visa application. Records emerged which showed that a person with an... Read More
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