By: Sarah Basso & Rachel Roberts

Following the Australian decision of Iannello and Iannello (No.3),[1]  Sarah Basso and Rachel Roberts look at the approach of England and in respect of orders in matrimonial proceedings directing a party to make a payment of their bonus to their (former) spouse.

In May 2019, The International Family Law Group LLP was delighted to see the introduction of the Courts and Tribunals (Online Procedure) Bill in the House of Lords. The Bill promises to provide a legislative framework for more court proceedings to be conducted by electronic means.

At the 17^th Australian Family Lawyers' Conference in Fiji, David Hodson presented a paper, written with Michael Allum with considerable assistance from Sarah Basso as an Australian lawyer, giving a global overview of the circumstances in which some countries will grant financial provision even though a divorce and financial order has already been made in another country.  It asks whether the law should exist in other countries.

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.  David Hodson updates his 2017 article on the countries which prevent dual nationality.

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, 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.

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.

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.

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.

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.