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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:

Issues of Gender Discrimination in the context of international divorce

It can be exciting and romantic to move to a new country for your partner, but a loss of work opportunities and self-esteem can follow. Relationships can become strained and the inequality of your relationship can become even more apparent…

The Do's and Don’ts when relationships begin to strain abroad

DO’s

DO go and see a specialist international family lawyer in the country where you reside as soon as possible. The meeting is for information gathering and confidential. You will feel empowered by doing so.

Partner Lucy Greenwood speaks at the World Bank in Washington to members of the FIGT Affiliate Group

Following on from her presentation at the Families In Global Transistion (FIGT) 20th Annual Conference in Amsterdam this Spring, Lucy Greenwood was delighted to be invited to speak to members of the newly relaunched Washington DC FIGT Affiliate Group at the World Bank in Washington DC on 4 June. The talk was partnered by World Bank Family Network.

Ensuring Just Outcomes in Marital Agreements

There are many potential benefits to pre-marital and post-marital agreements which are often referred to as pre-nups and post-nups. They can reduce uncertainty, promote autonomy and they can often successfully address the division of property and sometimes spousal maintenance in the event of marital break down. The question is, do these benefits sometimes come at the expense of justice?

Marriage vs Cohabitation; Financial and legal consequences upon separation in England

Lucy Greenwood, Partner at The International Family Law Group LLP (IFLG) sets out some of significant and commonly misunderstood differences in the financial legal rights of married and unmarried couples.

For these purposes, the term married couples includes couples in Civil Partnerships.

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Possible changes to marriage certificates being considered by government

A private members bill, proposed by MP Tim Loughton, which had its second reading in the House of Commons on 2 February 2018, has received support from the Home Office.  The bill proposes reform on several key issues including whether marriage certificates should include the names of both parents of the couple. At the moment only the name of the father can be included, although this only applies in England as in Scotland and Northern Ireland both parents can be named.

English civil partnerships may not be recognised abroad

As England debates the future status, role and purpose of civil partnership, its cross-border status should be brought into account. Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries. The civil partners have no different status in law to cohabitants in those countries.  This places them in a real difficulty.  A little-known and surprising piece of law may come to their aid. But should civil partnerships be continued now there is same-sex marriage including in view of the position abroad?  

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.

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