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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:

A way with words: The language of family law

The words we use are important. This is especially so in the world of family law.

The interpretation and meaning attributed to certain words can influence the outcome of a specific case as well as how the law is understood by the public and implemented generally by the judiciary.

Lucy Loizou speaks at Wealth Management Conference in Nicosia, Cyprus

Lucy Loizou, Partner in The International Family Law Group LLP was one of the speakers at the annual Wealth Management Conference in Nicosia, Cyprus on Thursday 30th May.   

The event brought together over 250 lead professionals in the wealth management/High Net Worth commercial sector.

Rumour has it Adele should have signed a pre-nuptial agreement (if she didn't)

Recently, news has emerged to suggest that the singer Adele and her husband had not signed a pre-nuptial agreement before they married and that they now reside in California (which like England is a State in the US known for its generous awards upon divorce). This serves as yet another salient reminder for couples who plan to marry, and who have a significant imbalance in personal or family wealth, to consider the impact of marriage on their respective legal rights.

New legislation set to enable even more people to benefit from online court reform

Yesterday, 1 May 2019, the House of Lords announced new legislation that will make it even easier for court users to apply for a divorce online.

The Courts and Tribunals (Online Procedure) Bill will establish a committee chaired by a member of the judiciary and tasked with developing and simplifying the rules around online services in civil, family and tribunal proceedings.

Another voice in the Marinos/Munro debate (Pierburg v Pierburg)

Stuart Clark, partner at the International Family Law Group LLP, considers the judgment of Moor J in Pierburg v Pierburg in the context of the ongoing debate as to jurisdiction for divorce in England and Wales, where habitual residence is based on indents 5 and 6 of Article 3 of Brussels II bis.

What is an Ecclesiastical Divorce and do I need one?

Lucy Loizou, a Partner at the firm, regularly assists individuals and foreign professionals with divorce and financial cases that contain Greek and/or Cypriot elements.

It is not uncommon for a Greek/Cypriot couple to marry in a Greek Orthodox Church. A question that is frequently raised in the event of subsequent divorce in England is whether the Church needs to be notified that the couple are divorcing.

No-fault divorce proposals: Support in principle but anxieties in practice

On Tuesday, 9 April 2019, the government announced the intention for dramatic reform of the divorce law of England and Wales, to produce a no-fault basis.  This was introduced but never implemented by Parliament in 1996.  It is desperately overdue and supported by all family lawyers.  Nevertheless beyond this headline, there are many concerns about how the process will work in practice.  So often it’s the practice rather than the law which affects people and perceptions.  This note sets out some of these initial concerns.  In particular there seems little active opportunity for prospects of reconciliation or mediation.  References to periods of reflection are thoroughly misleading and probably a sop to objectors of this reform.

High Court Judge urges parties to consider Arbitration in Family Proceedings

In CM v CM [2019] EWFC 16, Mr Justice Moor made a short but punchy judgment after hearing cross applications involving a dispute about the wording of a letter to a single joint expert in financial remedy proceedings.

Moor J had made an order at the First Appointment for an independent accountant to answer six questions about a family business. These were:

The Powers of the High Court in implementing a Child Abduction Summary Return: Re W [2019]

On 22 February 2019 Mrs Justice Gwynneth Knowles handed down judgment in Re W (Children) (Abduction: Implementation of Return Order) [2019] EWHC 357 (Fam); She determined that the High Court did not have jurisdiction to order the mother to apply for a B1/B2 visa to return to the USA with the parties’ two children. 

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