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International divorce and financial claims : the common law clash with civil law by Mark Harper Pdf
In the increasingly international world of family law, this book addresses what happens when multiple jurisdictions come into play in a case, and how that conflict is resolved. With country-specific analysis for nine of the main European jurisdictions, this book is of key practical importance for any lawyer with a cross-border practice and is a must read for any international practitioner.
Cross-Border Divorce Law by Máire Ní Shúilleabháin Pdf
This book provides an analysis of European Laws on allocation of jurisdiction in international divorce cases, and on cross-border recognition of divorces' granted in member states.
This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.
Love with Passion and Perspective by Adele M Lim Pdf
Adele M Lim, author, innovator, change catalyst and mother, dives into the deep and troubling realities of cross-border divorce and the harsh legalities of child custody. She tells us the emotional stories of several families, including her own, whose already-difficult marital upheaval was further complicated by the regulations of The Hague Abduction Convention (HCCH) of 1980. Designed to hasten the return of abducted children to their country of habitual residence, the Convention has loopholes when applied to contentious separation cases, despite its positive intent. Adele offers an expansive view that aims at meeting the Convention in light of our evolution as a global village, so that individually and collectively we enable a healthier systemic balance, and heal cross-generational trauma, by attending to the family system. Adele generously shares her personal and professional experiences and knowledge, including both spiritual and practical dimensions for individuals and families to develop their own inner sense of guidance from a deeper place of knowing. This intense but ultimately uplifiting read is a must-read not only for those facing cross-border divorce, but for anyone who adopts an international lifestyle, particularly where children are involved.
Family Law Across Borders by MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.),Bruce Hale,Michael Coffee Pdf
This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.
Brussels IIbis Regulation by Ulrich Magnus,Peter Mankowski Pdf
The Brussels IIbis Regulation is the magna charta of cross-border divorce and cross-border lawsuits concerning parental responsibility in Europe. It has substantially changed the nature of lawyers' advice to clients in such cases. This book is the first ever English language, article-by-article commentary on this very important piece of European legislation. The book combines in-depth analysis with a genuine and truly European perspective, with contributions by top experts from all over Europe, and it provides necessary guidance, as the European Court of Justice will not be passing guiding judgments in the foreseeable future. This commentary will serve the need of an ever rising number of practitioners concerned with European divorce, custody, or child abduction cases, and it will certainly stir academic discussion all over Europe. (Series: European Commentaries on Private International Law - Vol. 2)
Routledge Handbook of International Family Law by Barbara Stark,Jacqueline Heaton Pdf
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
Private International Law by Sai Ramani Garimella,Stellina Jolly Pdf
This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
International Family Law by Professor Barbara Stark Pdf
International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
Economic Consequences of Divorce by Lenore J. Weitzman,Maclean Mavis Pdf
In the past decade there has been a remarkable cross-national convergence in the experience, research, and reaction to the "Divorce Revolution." As each country has experienced spiralling divorce rates and has adopted more liberal rules for divorce, it has begun to be concerned about the social and economic consequences of these changes. The twenty-six eminent contributors to this volume investigate how the new laws work in practice, analyze the societal effects of rapid change, and grapple with the policy implications of their results.
International Trust and Divorce Litigation by Mark Harper,Team of Team of Specialist Contributors Pdf
This fully updated edition is an invaluable source of detailed information in respect of international trusts, viewed in a divorce law context and including an offshore perspective. It provides a readable, yet authoritative, analysis of such topics as forum shopping, conflicts of law, enforcement and asset protection legislation.International Trust and Divorce Litigation is an indispensable practical guide for offshore lawyers, trust companies, private bankers and matrimonial lawyers who represent high net worth clients.
Author : Jeremy D. Morley Publisher : Unknown Page : 0 pages File Size : 43,7 Mb Release : 2016 Category : Convention on the Civil Aspects of International Child Abduction ISBN : 1634255690
The Hague Abduction Convention by Jeremy D. Morley Pdf
Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act. The Convention operates in the U.S. in ways that differ from those in other Hague countries. This is because of the federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the lack of a specialized group of judges who handle cases under the Convention, the uniform state legislation on child custody jurisdiction, and a host of other factors. When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.
Planning the Future of Cross Border Families by Ilaria Viarengo,Francesca C Villata Pdf
This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
