Legal Updates

11 December 2019

Brexit and family law – what will happen to divorce, financial proceedings, prenups and cases involving children?

At the time of writing, the UK is on the cusp of a General Election where Brexit is high on the agenda.  In this blog, Stacey Nevin considers a number of scenarios and the changes that people who have connections with England and another EU member state might encounter for divorces, financial proceedings and matters concerning children in the event of a no deal Brexit.

Stacey Nevin

5 December 2019

French matrimonial regimes: the wide ranging impact for couples with Anglo French connections

We discuss the various aspects that you should consider from a family and inheritance or succession perspective when deciding which matrimonial regime to elect (or whether to create another type of agreement), including what will happen by default if you do not select any. 

12 November 2019

The great depositions debate

Last week, Jane Keir attended the American Academy of Matrimonial Lawyers (AAML) National 2019 Annual Meeting in Chicago, where she spoke on “Discovery beyond our borders: gathering information in international cases” alongside Sarah M Boulby, Boulby Weinberg LLP from Toronto; Rachael Kelsey, SKO Family Law Specialists, from Edinburgh; Mia Reich-Sjogren from Gothenburg; and Alfonso Sepulveda from Mexico City. In the short time available, they touched upon a whole raft of procedural similarities and differences and ways of trying cases.. It is safe to say that top of the list of differences between England and Wales on the one hand, and the US on the other is the use, or not, of depositions. 

Jane Keir

5 November 2019

Why “where” matters – jurisdiction considerations for international divorces

The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.

Cate Maguire

29 October 2019

The Indian “joint family” and the challenges of protecting family wealth on divorce

The “joint family” is a concept which most Indians will be familiar with, even those growing up in a less traditional family set up in England. In India, it is seen as the most desirable set up for families as a way to retain wealth and working together.  However, the concept of ‘sharing as needed’ can place the family wealth under significant risk of attack upon divorce and create unnecessary (and often costly) complexity and financial uncertainty at an already difficult time.

 

Sital Fontenelle

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