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Top Ten Myths in International Family Law

There are a lot of myths and misconceptions about international family law issues. Here is our top 10:

Specialisation and the Financial Remedy Court with a Proposed New Form A

In his latest view from the President’s Chambers Sir James Munby sets out his plans, following consultation, for specialised regional Financial Remedy Courts and for a proposed new Form A.

A matter of trust: Should trust assets be considered in divorce cases in England & Wales?

Divorce often brings out the defensive instinct. "It's mine, hands off!" is a common retort amongst parting spouses.

For the most part, it will be obvious that a particular asset belongs to one of the spouses: for example, the family home (in either party's or in joint names) will invariably form part of the family assets which a court may then be asked to divide between the parties.

But in the less public world of trust law, whether the monies held in a trust "belong" to a spouse can be the subject of fierce debate. Divorcing parties may hold entirely different views about how to treat trust funds: one party saying that the trust monies should be poured into the matrimonial pot for division, the other saying that the trust as a separate entity should remain untouched.

Many trusts contain considerable sums of money and so the way in which they are treated by the family courts and divorcing parties can significantly impact the level of resources potentially deemed available for division upon divorce.

Where do divorce proceedings take place for those who have connections to more than one country?

In many instances when a marriage breaks down the spouses only have a connection with one country and the divorce and financial proceedings take place there.  But what happens when one or both people have a connection with more than one country? 

The European Court decision on legality of sharia divorce: what is it really about?

A European Court decision in mid-December 2017 in the context of a Islamic divorce pronounced in Syria was bound to create headlines.  Too often these were potentially misleading when the issue of law was a fairly narrow one and moderately legal technical.  Nevertheless, within that legal technical description covers a wider issue of the interrelationship of personal laws and national laws in the future of family laws across the world.  This article looks at the context and possible futur

The husband, his wife and his sex worker: sharing the marital pot

In the context of the present discussion about reform of cohabitation law, a case decided by the Australian Court of Appeal provides a salutary lesson of problems which can arise.

Unregistered marriages – time to register calls for law reform?

Planning a dream wedding can be hugely stressful at the best of times. At the worst of times, however, the dream can turn to a nightmare for some Muslim women who may later realise that their marriage is not recognised as valid under English law.

I spy a rare white leopard – sharing non-matrimonial assets on divorce

Inspired by a recent Halloween costume party where my colleague Emma Nash and I dressed as that rarest of things, a white leopard, I present here a short guide to how English law treats what is known as “non-matrimonial property” on divorce.

What financial resources need to be disclosed in an English divorce settlement?

A final financial settlement in the family courts in England and Wales can only reliably occur when there has been disclosure to both sides of the financial resources of each.  But what does financial resources mean?  In particular what does it mean for international families and those with complex financial circumstances?

How do I choose the right family lawyer for my case?

When faced with the often painful and frightening reality of a relationship breakdown, it is fundamentally important that you choose the right family law solicitor to help you with legal proceedings. Making the wrong decision could have a severely detrimental impact on your case. It may also result in increased costs and/or delays.

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