Known Donor and Co-Parenting Disputes

Thinking of becoming a parent through known donation or co-parenting? Be sure to set the right foundations http://www.nataliegambleassociates.co.uk/page/Known-donor-disputes/92/ …

Richard published in The Review on divorce after assisted conceptio

Richard has written an article published in this month’s The Review on what divorce lawyers need to know about managing relationship breakdown cases for couples who have conceived through fertility treatment or in alternative family structures. You can read the full article here.

At NGA, we deal with many divorce, civil partnership dissolution and relationship breakdown cases and have particular expertise helping non traditional families, including gay and lesbian couples and families conceived through surrogacy, donor conception and fertility treatment. Richard joined our team to support this aspect of our work, and his article explains some of the complexities involved in the cases we deal with. These include civil partnership dissolution for same sex couples, children law issues for parents with donor or surrogacy conceived children, couples who have been through fertility treatment and may have embryos in storage, and untangling the financial issues that arise in these scenarios. These types of cases can be challenging and complex and clients often need specialist advice and value experience of the sensitive issues involved.

The Review is a leading UK journal for family lawyers. It is published by Resolution (formerly the Solicitors Family Law Association), an association of family lawyers committed to handling family law cases in a constructive and non-confrontational way. Richard is a member of Resolution.

If you would like more information about how we can help with relationship breakdown, whether it be civil partnership dissolution, divorce, known donor disputes, or children matters please contact Richard at richard@nataliegmableassociates.com or 0844 357 1602. There is also more information about our relationship breakdown services on our website.

Honesty best policy in divorce and dissolution proceedings

The Telegraph recently reported a divorce case where an agreed financial settlement reached between a husband and wife was set aside. In a rare move, the court decided that the wife had not been provided with the full details from her husband about his financial wealth and the deal reached should therefore be overturned. The case serves as an important reminder of the importance financial disclosure and honesty when dealing with a relationship breakdown.

At NGA we deal with divorces, dissolutions and other relationship breakdowns, working with couples in a range of family structures.  But whatever your family structure, this case shows how criticial it is to be honest in any court proceedings or private agreements, if your relationship has broken down.

It is a long standing principle in divorce and civil partnership dissolution cases that there must be full and frank disclosure of the parties’ financial circumstances. This is essential to reach a fair and appropriate settlement.  Where there has not been full and frank disclosure and this is later discovered, it may be possible for a spouse to apply retrospectively to court to set aside or vary the settlement. This is exactly what happened in this case. Whilst set aside applications are rare they have been granted in circumstances where there has been a failure to disclose the full financial picture.

In this case the husband and wife divorced in 2009 and reached a private settlement. The wife later discovered that her husband had not been truthful about the true extent of his assets with over a million pounds in investments not being declared. Notably, the wife did not have proper legal advice before agreeing to the settlement, and this highlights how having the right legal support from a solicitor can be invaluable in ensuring that any settlement is reasonable.The wife may now be awardedmore money but the full circumstances of the case will need to be considered first, causing delay and uncertainty.

If you are going through your own relationship breakdown and would like more information about how we can help please contact Richard Perrins at Richard@nataliegambleassociates.com contact us on 0844 357 1602 .There is more information about our services here.

Equal Marriage (of sorts) - Gay Marriage becomes legal in England and Wales

Following our blog earlier in the year where we reported on the progress of the Marriage (Same Sex Couples) Bill we are delighted that the Bill has now received royal assent. After much debate and somewhat of a furore, this means that same sex marriage is now law, even though the first UK same sex marriages won’t take place until Spring 2014 once all the procedures and paperwork have been put in place.
Perhaps unsurprisingly there is some confusion around what the changes in the law actually mean. The key points to note are as follows:
1. It will be legal for couples of the same sex to marry in England in Wales.
2. Same sex couples can have a civil or religious wedding, but can only have a religious wedding if the relevant religious group decides to ‘opt in’ (which every religious group except the Church of England can do).
3. Civil partnership will remain an option for same sex, but not heterosexual, couples. (The legal differences between marriage and civil partnership are minimal in practice).
4. Same sex couples already in a civil partnership can convert their civil partnership into a marriage if it was registered in England and Wales. This will not apply to couples who registered a civil partnership in Northern Ireland, Scotland or abroad (who will not be able to marry unless they dissolve their civil partnership first).
5. For those splitting up, adultery is not a ground for dissolving a civil partnership and is only a ground for dissolving a same sex marriage if the adultery takes place with a member of the opposite sex (although in practice unreasonable behaviour usually gives grounds for dissolving a relationship where there has been infidelity anyway).
6. There is no international harmonisation of how or if a same sex marriage will be recognised in other countries. However, it is likely that a same sex marriage will be recognised in countries where same sex marriage is legal (such as France which has recently undergone similar changes).
The change in the law is certainly welcomed by us at NGA but the rules are undoubtedly complex. There has already been controversy over the decision to allow religious groups to opt in but this doesn’t apply to the Church of England. It seems an awkward concept that same sex couples are to be able to enter into a civil partnership but for there to be no option for heterosexual couples to do likewise.
There will be complex questions from couples in England and Wales who have married or registered a civil partnership abroad as to how their relationship will be recognised in England and Wales. Similarly, relocating couples will need to know whether their marriage will be recognised abroad. This will impact on issues such as tax planning or the breakdown of the relationship.
Much like with our campaigning work for a global harmonisation of surrogacy laws we feel that a more universal approach to same sex marriage is needed, but this is herculean task at a global level. In the meantime, UK same sex marriage is a huge step in the right direction.
Here at NGA we specialise in helping alternative families and have a strong background in cases involving the breakdown of relationships. We help with civil partnership dissolution, divorce and disputes relating to children and financial matters. We also help with pre registration and pre nuptial agreements to give clarity and prevent disputes in the future. If you would like to discuss your circumstances with us please contact Richard Perrins for more information.
Family Disputes Pre Nuptial Agreements Divorce and Civil Partnership Dissolution Financial matters