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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:

Divorce forum disputes: when dual nationality may not be a possibility

Overview

As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important.  It is sometimes based on nationality.  But some countries prevent citizens having nationality of more than one country.  International family lawyers need to be aware of which countries allow or prohibit dual nationality

Landmark decision handed down by the Indian Supreme Court finds the practice of “triple talaq” to be unconstitutional

In May 2017, the Indian Supreme Court formally opened hearings into a number of applications challenging, among other issues, the constitutionality of the practice of “triple talaq” in Islam. The applications, the first of their kind in India, were made by women affected by the practice together with pressure groups campaigning for a review of the law which allowed men to instantly divorce their wives by declaring the word “talaq” (the Arabic word for a type of divorce) three times.

Talaq divorce ruled illegal and unconstitutional in India by India's Supreme Court

India is one of only a few countries where a Muslim man can divorce his wife in minutes by just saying to her three times...... "I divorce you, I divorce you, I divorce you” - sometimes even by social media or text.

The cases in India were filed by five Muslim women who had been divorced in this way and two rights groups. A 3-2 majority verdict in the Indian Supreme Court called the practice "un-Islamic".

Polyamorous Relationships: Is three a crowd?

The traditional view of marriage has come into the spotlight again as three men in Columbia have officially recorded that they are living together as a ‘throuple’.

Innovative New International Family Law Arbitration Scheme Announced in Boston

Today (2 June 2017) at the AFCC Annual Conference in Boston, USA, Prof. Patrick Parkinson and David Hodson of iFLG, two of the world’s leading international family lawyers, have announced an innovative new scheme to help international families. It is called ‘The International Family Law Arbitration Scheme’ (IFLAS). It will avoid long and expensive forum litigation and will help couples work out where any family differences should be resolved by ascertaining with which country they have the closest connection. 

Spousal support on divorce “revolutionised” by Italian Supreme Court

On 10 May 2017 the Supreme Court in Italy handed down a decision which Italian legal commentators are saying revolutionises the basis of spousal support upon divorce in Italy. The decision, with Judgment No.

New Investigation Reveals Growth in Halala Marriages

Stuart Clark looks behind the headlines of a concerning story about divorce practices and considers the impact of recognition of religious marriage arrangements in England and Wales and abroad.

The Hague 1970 Divorce Recognition Convention: filling an EU divorce gap?

 

Overview

 

David Hodson examines this little-known Hague Convention on the international recognition of divorces and legal separations.  Might it be the answer to the recommendation by the House of Commons Justice Committee for a system for mutual recognition and enforcement of family court orders?

 

English family law after Brexit

 

A Culture of Change: Family Law and Inter-Ethnic Families

We have seen a change in the demography of our society with the increase in families of mixed ethnicities in recent years. Free movement of workers within the EU, coupled with international reciprocal arrangements allowing for the emigration of individuals from many different and varied nations, has created fascinating melting pots of cultures, languages and religions across the UK. It remains to be seen how Brexit will impact this trend.

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