As I mentioned in my post about habitual residence, this blog receives a number of enquiries from people living outside England, enquiring whether it is possible to divorce in England. In that post, I explained that in order to do so, an applicant needs to establish jurisdiction.
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This blog receives enquiries from people overseas who wish to know if they are able to present a divorce petition in England. The answer rests on whether or not there is jurisdiction to do so. In other words: can you demonstrate a sufficiently strong connection to this country? It isn't always easy and the answer isn't always obvious. Sometimes there is no connection to England at all. Sometimes there are connections to other countries, which appear to be as strong or stronger. But there is still the potential to establish jurisdiction. Because we belong to the European Union, jurisdictional grounds are governed by European law. Part 3 of the new petition form for divorce or dissolution of a civil partnership is named Jurisdiction.
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Malta is the only EU country not to allow divorce – but for how much longer? Malta recently made the headlines after its citizens voted in a referendum to introduce divorce to the staunchly Catholic island.
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Browse expat forums, and you will discover that there are many “stuck parents”. It is sad to read that so many people now feel that they are “trapped” in a country where they do not wish to live.
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Last week a visitor to the blog read my post about Payne v Payne (Leave to remove a child: what about the parents left behind?) and contacted me with her story. This reader married an overseas national and moved to another country. After her …
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14 March 2011
This post focuses upon pension sharing, couples with overseas links, three recent Court of Appeal judgements and Part III of the Matrimonial and Family Proceedings Act 1984. It has been written for …
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From the Law section of The Times website, 19/10/2010.
Prenuptial agreements are great – for the rich
By Marilyn Stowe
After nearly seven months of deliberation, it is ironic timing that as …
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27 July 2010
Isn’t summer supposed to be a quiet time? Frank Arndt, who heads Stowe Family Law’s international family law department, seems to be busier than ever – and not just because his team has recently been instructed in some very interesting new cases.
When the second wife of Russian oligarch Boris Berezovsky was granted a “quickie divorce” at the High Court last week, Frank was …
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Frank Arndt, the Head of our International Family Law Unit at Stowe Family Law, recently attended an international family law conference in Malaga, Spain. While he was there, Frank was interviewed by the editor of Sur in English – one of that region’s most popular English language publications – about expat divorce and “forum shopping”. The feature appears in …
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10 March 2010
It was more than a year ago when I first blogged about Agbaje v Agbaje. (See: London is the “divorce capital of the world”? Think again!) This drawn-out case involves a couple who married in …
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5 February 2010
Stowe Family Law’s International Family Law department is as busy as ever, and we have also seen a steady rise in the number of enquiries about prenuptial agreements. This, I believe, has been …
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On Friday I enjoyed the company of family lawyers from around Europe. We had gathered in Paris for the opening of the law firm Cabinet CBBC (formerly the Cabinet Veronique Chauveau). With so many of us gathered in one place, the talk turned to …
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18 September 2009
Unless both parents consent to a child’s relocation from one country to another, such a move can be considered international child abduction. But when a relationship ends, it is tempting to …
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I am in Chicago this week; I was delighted to address the lawyers at Schiller DuCanto & Fleck LLP, the largest family law firm in the USA.
The city is buzzing: in a few days’ time Oprah …
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8 June 2009
If anyone knew every type of human condition, if anyone felt every type of emotion, and had the gift to show his feelings so nakedly to the world, it was Caravaggio. Fast forward to the 21st century and last week in the High Court we saw the human condition, once again at its absolute worst.
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