Information Zone - International Finance & Forum
Plugging the hole of nondisclosure
David Hodson writes a weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week he has drawn attention to the provision in the Dutch Civil Code which would give a significant disincentive to anyone attempting to hide assets. The opinion piece is attached
Download the file dutchnondisclosure.pdf ()
Practical aspects of marital agreements with an international element
A symposium on international aspects of marital agreements was held this evening, organised by the London Metropolitan University’s Centre for Family Law and Practice in conjunction with 7 Bedford Row. The chair was Baroness Hale. Speakers and members of the panel included Mr Justice Mostyn, Jacky Julyan (also of the South African bar) and Maria Scotland of 7BR Chambers and representatives of the US firm, Miles and Stockbridge, along with David Hodson. He gave a paper on the practical aspects of marital agreements with an international dimension and spoke on how solicitors should deal with these cases and especially the very real problems when recommending a party not to sign. His paper is attached
Download the file maritalagreeinternational.pdf ()
EU Enhanced Co-operation Regulation on divorce
On Monday, 20 December, 2010, as family lawyers across Europe were looking forward to the last working week of the year, the EU Council passed a Regulation (1259/2010) about which country’s laws should be applied on divorce and legal separation, the so-called applicable law regimes. The United Kingdom is specifically not a party. It is the historic first “enhanced cooperation” in the European Union. The EU allowed 14 member states to go it alone, without needing and having the support of all EU member states. It creates harmonised rules for determining on the divorce of an international couple which country’s laws would be applied, rather than necessarily the local law of the country where the divorce occurs. It is a very important legislative measure for international families in those 14 countries, for those in the remaining EU countries where international families have a connection with the 14 countries and for all worldwide family lawyers having any EU connections in their cases
David Hodson has written a summary of the content of the Regulation drawing attention to crucial elements for practitioners, clients and future policymakers
Download the file enhancedcoop.pdf ()
Practising in the future
Hannah Budd, an assistant solicitor at iFLG contributes to the weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week as a younger member of the profession she has looked at practising as a lawyer in the future with the likely trends and changes in family law with the significant number of international families and international family law cases. Her opinion piece is attached
Download the file futurepractice.pdf ()
Family law in the clouds
David Hodson writes a weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week he reports and reflects on a fascinating talk given by Andrew Davies, a leading Australian family lawyer based in Perth, on the subject of cloud technology and the impact on family law cases and family law practice. The opinion piece is attached
Download the file clouds1.pdf ()
Agbaje financial provision after a foreign divorce
“Agbaje financial provision after a foreign divorce: The Supreme Court restores opportunity for international justice”, article published by David Hodson on family law week on the availability to seek financial provision in England even though the divorce may have been granted abroad.
Download the file agbaje.pdf ()
Court of Appeal decision of Radmacher - An article by David Hodson
David Hodson explains the recent important Court of Appeal decision of Radmacher, giving much greater importance under English law to pre-marriage and other domestic agreements including when it would have been binding on the couple in their own home countries
Download the file radmacher.pdf ()
This is the iGuide on marital agreements.
Download the file marital_agree1.pdf ()
War of the Worlds
This is an article by David Hodson published in the Surrey Law Society magazine deriving its inspiration from the HG Wells novel set in Surrey and dramatising the invasion of applicable law from Brussels law reformers
Download the file ApplLawWaroftheWorld.pdf ()
Brussels family law conference for practising lawyers, December 2008
This report by David Hodson gives a background to the conference held by the Council for Law Societies and Bars of Europe on family law within Europe and was originally published in International Family Law magazine.
Download the file Brussels_conference_25.pdf ()
EU Maintenance Regulation
This Regulation is in force from 30 of January 2009 although will not be applied until June 2011. This summary article by David Hodson explains the background.
Download the file EUMaintenance.pdf ()
Pensions with an International Element
Pensions within family law is a complex topic. When there is also an international element, the subject can become exceedingly complex. The issue may arise when there are English proceedings with a foreign pension, foreign proceedings with an English pension and in decisions taken about appropriate forum for the proceedings. The issue may arise before the final order and settlement is made or on implementation and enforcement. This article was published in the Family Law Journal (Legalese).
Download the file International_pensions.pdf ()
It seems that the dramatic changes proposed by the EU in July 2006 to introduce applicable law in all family law cases, and originally to be in force from March 2008, have been shelved. They would have fundamentally changed English family law so that we no longer applied our own English law but the laws of many other countries. The opportunity should now be taken to review the jurisdictional basis of Brussels II including the race to issue. This article was published in International Family Law magazine (Jordans).
Download the file RomeIII.pdf ()
EU Mediation Directive
This article, published in International Family Law magazine (Jordans) explains in detail the EU Directive on mediation of 21 May 2008. It applies to family law. It has a three year timetable for implementation. It creates expectations that member states will encourage mediation wherever possible. It is an incredible opportunity for all family law professionals committed to ADR to bring about much-needed improvements and opportunities, both specifically in cross-border work but also in national family law work.
Download the file EU_Mediation_Directive.pdf ()
EU Reform Treaty: what impact on family law?
A short article to be published in Family Law magazine, December 2007
Download the file eu_treaty_family_law.pdf ()
Marinos: new definitions of habitual residence and residence for European Union family law cases
Marinos: new definitions of habitual residence and residence for European Union family law cases, affecting opportunities to claim jurisdiction in countries with which a family has close connections.
Download the file marinos.pdf ()
Fairness in Family Law across Europe
A pan European deal or a pandemonium of cultural clashes? Seminar being given by David Hodson at International Society of Family Law conference at Chester University – July 2007
Download the file chester.pdf ()
Whose law is it anyway? Applicable law post Moore
Download the file post_moore.pdf ()
Summary guide to international family law issues
An introduction to a number of the important issues for consideration for international families.
Download the file INT4.pdf ()
Guide to Brussels II
This European wide law was introduced very quickly and with very little prior notice in March 2001 and has had a dramatic effect on the practice of international family law cases ever since. It introduced identical divorce jurisdiction across Europe which is helpful. However it said that whichever party was first to issue proceedings in a European Union country secured priority. It directly encouraged the unilateral issuing of proceedings for tactical, financial reasons. It directly discouraged mediation, reconciliation, couselling and negotiation. This guide deals with the legal background and the procedural steps to be taken, including emphasising he importance of urgent advice.
Download the file Brussels_II.pdf ()
Guide to Brussels II bis
Brussels II was changed in August 2005, primarily dealing with children issues. This note covers the important topics in the revised law with special reference to the impact on international children issues including child abductions and international recognition of child conduct orders.
Download the file brusselsii_bis.pdf ()
List of Brussels II Countries
Download the file brussels_countries.pdf ()
“England expects… not to be confused with Scotland”
This article covers the geographical, the political and, crucially, the family law distinctions within the various countries which make up Great Britain, including the United Kingdom and the Republic of Ireland.
Download the file england_expects.pdf ()
Check list of considerations in forum cases
A list of factors to take into account in deciding where proceedings should take place, the common connecting factors and other issues concerning jurisdiction.
Download the file forum_checklist.pdf ()
Recognition of foreign marriages and divorces and polygamy
A shortened version of the chapter from “A Practical Guide to International Family Law” (Jordans 2008) by David Hodson on the law concerning when England will recognise a foreign marriage, a foreign divorce and a polygamous relationship, and also issues of religious divorces, forced marriages and declarations of marital status.
Download the file recognition.pdf ()
A network of European Family Lawyers Organisations
An article in July 2006 International Family law Magazine calling for the creation of a network of practitioner organisations to allow lawyers in one country to make contact with equivalent lawyers in another country to help a client on an international case.
This has now been launched. See the INFLO pages on this website
Download the file euor_pract_network.pdf ()
Report on March 2005 World Congress on family law in Cape Town
Download the file world_congress.pdf ()
Report on October 2005 Luxemburg EU conference on family law
Download the file lux4.pdf ()
Rome III: The House of Lords report and issues of proportionality and subsidiarity
Article in April 2007 International Family Law magaine looking a the issues considered by the House of Lords in recommending that the UK opts out of the Rome III applicable law draft regulation.
Download the file romeIII.pdf ()
Europe: An Expanding Regime
Report of Luxemborg Conference October 2005. What is the family law of Great Britain; Scotland is not part of England. This article covers the geographical, the political and, crucially, the family law distinctions within the various countries which make out Great Britain, including the United Kingdom and the Republic of Ireland.
Download the file Lux4.pdf ()