Articles by Emily Kozien-Colyer

Surrogacy guidance published for parents, surrogates and health professionals

The Department of Health and Social care has just published two very useful guidance notes for surrogates and intended parents. The note identifies the financial considerations which both the intended parents and the surrogate need to bear in mind, both when entering into a surrogacy agreement and when making an application to court for a parental […]

Snatching defeat from the jaws of victory; an object lesson in how to get litigation wrong

When considering whether to embark on litigation two of the fundamental elements of the claim which need to be identified are, what is the breach and what is or are the available remedies? While at first glance identifying these elements may appear to be a relatively simple task the recent case of Marathon Asset Management […]

Sharland and Gohil: a right to a full and fair hearing

Alison Sharland and Varsha Gohil have won their appeals to the Supreme Court and have been permitted to have the final orders determining their financial applications against their ex-husbands set aside due to non-disclosure. The decisions have already been heralded as opening the floodgates to litigation in the family courts, but what do these decisions […]

Surrogacy Law – in the UK and abroad

Surrogacy has become increasingly common in recent years and though it is hard to establish statistics there are reportedly 1,500 children born to UK parents in overseas jurisdictions each year. If a surrogate receives compensation beyond reimbursement of medical and other reasonable expenses, the arrangement is considered to be commercial rather than altruistic. Some countries, […]

Wyatt v Vince: It’s not over

Kathleen Wyatt was recently successful in her case to take her former husband, wind farm entrepreneur Dale Vince, to court despite not lodging a claim until nearly 20 years after their divorce. The decision in this case has been headline news since the Supreme Court handed down its judgment on 11 March because it raises […]

Transnational parenting and the consequences

Under English law no one is permitted to take a child out of the jurisdiction of England and Wales (which, for the moment at least, includes Scotland) without the permission of all those with parental responsibility, because doing so would be child abduction.  Where this permission is not forthcoming the party intending to relocate will […]

For richer and forever: the marital contract and spousal maintenance

Spousal maintenance is one of the most contentious issues between divorcing couples. How much; for how long; and what is it supposed to cover? It is, therefore, perhaps surprising that consideration of why the liability for spousal maintenance arises in the first place is rare. On the whole it is generally accepted, in principle, that […]

When is it really over? Striking out financial remedy applications in the Family Court

The current position in the Family Court is that there is no limitation period preventing an ex-spouse from making a claim for financial remedy years, and even decades, following divorce. This can deprive parties of financial certainty, impacting on life post-divorce and potentially putting strain on new relationships and families. However, at the beginning of […]