2023: A Yr in Evaluate
Julian Hawkhead, Managing Associate, Displays on the Yr
It has turn out to be one thing of a convention for me to jot down a notice as we draw in direction of the top of the yr to mirror on what has occurred over the previous 12 months. Doesn’t the time fly by? This yr I’m delighted to be joined by a number of colleagues across the agency who’ve put down some ideas on what has stood out for them over the course of 2023.
At Stowe, it has been fairly a yr once more! I’m looking for some intelligent means of linking “Stowe” and “develop” collectively however have failed. However, but once more we’ve got continued to cement our place as probably the most dominant household legislation apply within the nation. We noticed our colleague numbers enhance to over 360 with a complete of 178 legal professionals serving 88 areas across the nation. Sure, that’s proper, we’ve got 88 workplace areas, including 22 new areas together with these from Watson Thomas and Crisp & Co. this yr. It has been an absolute pleasure to get to know our new colleagues from these two companies, to study their methods of working and what they’ve completed to make themselves profitable to proceed bettering our personal Stowe Method of Working.
Our shopper numbers additionally elevated by 25% and by early December we had over 4,000 progressing issues underway as we proceed to attempt to help an increasing number of folks.
As you’ll learn beneath, there have been some fascinating developments in our world of household legislation and it is going to be fascinating to see what 2024 and the probability of a basic election will carry to the authorized panorama. Cohabitation legislation reform is lengthy overdue and no matter the place you sit on the spectrum of views as to the variations between marital kind relationships and cohabiting relationships there isn’t a doubt that reform is required to at the very least give higher readability, to simplify the legislation and supply some core rights to people who discover themselves in financially susceptible conditions when their relationships break down.
Joanna Newton on The Rise of the Authorized Age of Marriage
In February this yr, the authorized age of marriage rose to 18. This has meant that 16- and 17-year-olds who had been beforehand allowed to marry with parental consent are now not allowed to marry or enter a civil partnership in England and Wales.
As of 27th February, it’s now a legal offence to rearrange a wedding for underneath 18-year-olds underneath any circumstances. The offence is now punishable by 7 years in jail.
The thought behind this new legislation is to higher shield kids from being compelled into underage marriages and shield them from abuse and coercion. The change is to crack down on compelled marriages which might trigger lasting psychological, and generally bodily, injury on a toddler. Additionally it is a part of the federal government’s persevering with dedication to tackling violence in opposition to girls and ladies.
Previous to the Marriage and Civil Partnerships (Minimal Age) Act 2023, the legislation had been unchanged since 1949 and had legitimised little one marriage with kids aged 16 and 17 permitted to marry with their dad and mom’ consent.
The mechanism of parental consent which existed underneath that legislation, while meant to be a safeguard, has, in some circumstances, proved to be a car for parental abuse.
This transformation is a welcome aid and over the approaching years we are going to hopefully see it having a substantial affect decreasing the variety of compelled marriages and violence in opposition to ladies particularly.
Gemma Davison on Adjustments to Fertility Laws
Earlier this yr, the federal government introduced that there could be a change to fertility legislation which goals to cut back the discrimination that feminine same-sex {couples} face after they need to conceive by way of reciprocal IVF (the place one lady offers her egg and the opposite carries the kid). It should additionally embody a change for same-sex {couples} the place one or each companions have HIV however the viral load is undetectable.
Feminine same-sex {couples} will now not be required to have an extra screening for infectious illnesses (together with rubella, hepatitis B and C) which is able to take away this additional barrier not confronted by heterosexual {couples} and cut back prices by as much as £1000.
For same-sex {couples} with undetectable HIV viral hundreds, the change in laws will imply that the couple could have entry to IVF remedy, together with identified sperm or egg cell donation to mates or kin.
These modifications will hopefully work to cut back the inequality that exists between same-sex {couples} and opposite-sex {couples} concerning fertility choices and remedy. Nevertheless, there may be nonetheless a method to go.
In August 2022 as a part of the Girls’s Well being Technique, the federal government dedicated to eradicating all monetary obstacles for same-sex {couples} that aren’t confronted by heterosexual {couples}. We’re nonetheless awaiting this modification. I hope to see extra progress in decreasing discrimination within the fertility area and extra help of this methodology of parenthood in 2024.
Megan Brookfield on ‘Love bombing’ being Recognised as a Signal of Abuse by CPS
In April this yr, the Crown Prosecution Service up to date their steering on controlling and coercive behaviour to incorporate the time period ‘love bombing’. The steering now advises prosecutors on the vary of ways perpetrators of abuse can use in opposition to their sufferer and discusses love bombing and what this entails. Love bombing is a phrase used to explain a situation whereby the abuser will periodically perform over-the-top loving acts in between different behaviour to confuse and management their sufferer. It’s mostly seen within the early levels of a relationship.
The replace is a constructive step. It has highlighted the varied methods by which perpetrators can actual management of their sufferer. Moreover, it offers a level of readability on the position of affection bombing and the way it’s a coercive tactic. It additionally offers household legal professionals a authorized framework with which to help shoppers and certainly when acquiring protecting orders from the household courtroom.
There are nonetheless quite a few challenges to face when proving coercive management. The updates in authorized framework have definitely improved this, however it’s clear that extra work must be completed to assist and help survivors and their households, significantly for these searching for to depart their abusive relationship.
Ashley Le Core on Youngster Preparations in Worldwide Divorces
Most of us could have seen one thing concerning the divorce of Joe Jonas and Sophie Turner earlier this yr. Their divorce raised some very fascinating factors within the household legislation area, together with which jurisdiction ought to settle for the divorce proceedings and related monetary treatment proceedings. That is significantly vital to think about, as completely different jurisdictions will present two differing methods of dealing with belongings, which might favour one occasion over the opposite.
Nevertheless, many of the media drama of the divorce has been particularly about little one preparations, elevating the difficulty of who will get the children in worldwide divorces, as Turner is British and Jonas is American. From media reviews, it appeared that they’d deliberate to settle their two younger daughters in England. Preliminary divorce proceedings, nevertheless, noticed some points on this entrance, together with accusations of kid abduction.
Not like many divorces, these dad and mom are in fact very rich and due to this fact the fact is that wherever the willpower is made that the youngsters shall primarily reside, the opposite father or mother needs to be greater than capable of buy an applicable property in that nation and due to this fact, the affect on the youngsters can be drastically diminished. That is in fact not accessible to each occasion in such circumstances.
No absolute sure particulars are identified concerning the long-term preparations in relation to this divorce at this stage, however within the interim, the ladies will journey between the UK and the US. In worldwide divorces typically, it’s unlikely the courtroom would anticipate kids to be travelling between international locations regularly, particularly if they’re of faculty age. In these circumstances, the first focus must be their education. The onus would due to this fact be on one of many dad and mom to do extra of the travelling and to have a base within the related jurisdiction. The youngsters then spend extra high quality time with their dad and mom over longer durations similar to college holidays.
The Jonas/Turner divorce has been an fascinating examine within the numerous complicated facets concerned in worldwide and multi-jurisdictional divorces and has significantly drawn consideration to what occurs to kids in such circumstances.
A Ultimate Signal Off
There may be little I can add to what has been stated so eloquently above and an enormous because of them for taking the time to share their ideas. Household legislation is all the time evolving whether or not that’s to mirror the altering values of our society, to adapt to the political or financial local weather or to anticipate what components similar to new (and what can appear scary) know-how. As a management group we’re always surveying the horizon to see what is perhaps developing, whether or not that may be a doable change of presidency or some new AI innovation. No matter occurs I do imagine that 2024 can be nice and thrilling yr.
Wishing you and your households a protected, restful and joyous festive season.
Julian, and all at Stowe Household Regulation.
