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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:

Keep your original Decree Absolute in a safe place

The Court in England and Wales should retain key documents within divorce proceedings for a total of 100 years. So if you divorced in England and Wales, but lost your original Decree Absolute you might think you can assume you will always be able to obtain an official copy.

Sharing of post-separation earnings: Francis J says I’m not lovin’ it: O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam)

Should there have been any doubt remaining, Mr Justice Francis confirmed in O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) that post-separation earnings are not a matrimonial asset capable of being shared.

Further update on online court reform bill

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.

Access Denied?

Commentary on the law of ownership of property and rights of occupation when one party wants to access the marital home.

International Res Judicata: Should Australian family law provide a second bite of the cherry when the first bite abroad was unfair or inadequate?

At the 17th 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.

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

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.

Family Charters & Succession

On 2nd July, Partner Lucy Greenwood was invited to speak at the IBSA’s Branch Event in London on the topic of Family Charters and Succession.  

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.

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