Currently, the law doesn’t allow a single parent with a child born via surrogacy to obtain a parental order, leaving their family legally vulnerable.
The statutory ground for divorce under the 1973 Matrimonial Causes Act, amended by the Marriage (Same Sex Couples) Act 2013, is the irretrievable breakdown of a marriage of at least one year’s duration. This ground for divorce is evidence by one of five facts:
- your spouse has committed adultery;
- your spouse has behaved unreasonably;
- your spouse has deserted you for two years;
- you have lived apart for two years and your spouse consents to the divorce; or
- you have lived apart for five years.
Financial claims following divorce are settled by either an agreement or a court order. How this is settled depends on the statutory framework and years of case law that guide the solicitors involved. The length of the marriage relationship is a key factor in determining how assets are apportioned. Principles of fairness, need sharing, compensation and sharing must be taken into account.
Despite the best efforts of family solicitors to disabuse the public of its existence, many people still espouse the concept of the ‘common law’ husband or wife. However, there is no statutory process to regulate the breakup of an unmarried couple and, instead, the unmarried party must rely on strict and, often complicated, property rights.
In the absence of an express written intention (in the best case a Deed of Trust, and the worst case a letter of intention), the court looks to the legal title; whose name(s) is on the deeds or, these days, registered at the Land Registry as the legal owner(s)? Unless you are married to the owner you have no statutory family-related right to make a claim. Contribution might be ignored completely. In exceptional circumstances, the court will try to infer an intention from people’s behaviour – even if it was never discussed. Not an easy task.
The situation can be even worse when the house is in the sole legal ownership of just one party. Did the other party pay for the central heating or build an extension? Did he tell her she couldn’t be a co-owner because she wasn’t working? Did she give up her own tenancy to move in and help pay the mortgage? The first is deception, the second is detrimental reliance.
For further information
The national study, Why Asthma still kills, involved a detailed examination of the circumstances surrounding 195 deaths from asthma in the UK in 2012.
Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorporated organisation (“CIO”).
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.