17 December 2008
McLeod v McLeod
13 November 2008
Human Fertilisation and Embryology Act 2008 receives Royal Assent
27 October 2008
Child Maintenance and Enforcement Commission (C-MEC) Starts Work
2008 News Archive
17 December 2008
McLeod v McLeod
Today the Privy Council (the highest court for some UK dependent territories and independent Commonwealth countries) decided on a case from the Isle of Man about pre- and post-nuptial agreements. In the case of McLeod v McLeod [2008] UKPC 64 it confirmed that pre-nuptial agreements are not binding, but that post-nuptial agreements are binding agreements, albeit subject to variation by the courts.
Although not binding on English courts, the judgment is highly persuasive because it was written by Baroness Hale, who is also the leading family judge in the House of Lords, the English supreme court. The judgment means that couples who want to ensure that their pre-nuptial or pre-registration agreement is upheld should consider renewing the agreement some time after the wedding or civil partnership registration. 
13 November 2008
Human Fertilisation and Embryology Act 2008 receives Royal Assent
Today the Human Fertilisation and Embryology Act 2008 received Royal Assent. It will make the law clearer on who the parents of a child are which was conceived after fertility treatment.
It will also put same-sex couples in the same position as opposite-sex couples and thereby abolish some remaining discrimination between married couples and civil partners.
Section 42 provides that the civil partner of a woman who is giving birth to a child can be the child’s other parent without any further legal steps provided certain conditions are met.
Section 43 puts the female partner of a woman who gives birth to a child after fertility treatment in a licensed UK clinic in the same position as her male partner would have been. Provided the correct forms are completed the female partner can be the child’s second parent.
These changes will come into force on 6 April 2009.
Section 54 extends the possibility of parental orders after surrogacy to civil partners and other couples. This will for the first time allow two men to become the legal parents of a child after surrogacy without the need for adoption. This is expected to come into force in April 2010. This law will be retrospective and allow parents of children who were born several years ago after surrogacy to apply within six months from when the law changes (so between April and October 2010) if they are not a married couple.
27 October 2008
Child Maintenance and Enforcement Commission (C-MEC) Starts Work
Today the new Child Maintenance and Enforcement Commission (C-MEC) started work and took over responsibility for the Child Support Agency (CSA). The only immediate changes will be for parents with care on benefits who will no longer be forced to make an application to the CSA, but can instead agree figure with the other parent. There will also be a slightly higher disregard for benefits calculations.
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© Andrea Woelke 2009
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This is an outline of the law, practice and procedure in England and Wales. It should not be taken as specific advice. All families and couples are different. The law may have changed since this was written and we therefore accept no liability for inaccuracies. Where examples are given, your personal circumstances may vary slightly, but the difference may be significant for the outcome of the legal process. Contact us for specific advice on your own circumstances.
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