Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices

“Whilst the Act no longer uses the term “illegitimate child” this is implied by the reference to so-called children “born out of wedlock” which continues to perpetuate the common law distinction between so-called “legitimate” and “illegitimate” children. This reference is a stark reminder that we, as a nation, are still grappling with outmoded legal terminology […]

Spousal Maintenance After Divorce and the “Clean Break” Principle

“The clean break principle after divorce has found resonance with our courts for many years.  The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our courts always prioritise the interests of children in any marital breakup, and […]

Can You Change Your Marital Regime After Marriage?

“A journey is like marriage. The certain way to be wrong is to think you control it” (John Steinbeck) One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage. To recap, you have three choices – Marry in community […]