International Family Law: Comparing Divorce Jurisdictions
Blog Procedure May Trump Substance Jeremy D. Morley www.international-divorce.com When comparing possible jurisdictions for international family law cases, it is frequently important to focus on procedural matters and not simply to compare the rules and practices concerning the division of assets, maintenance and other substantive issues. For example, while it is important to know how different […]
Book Review: The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers
Blog The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers by Jeremy D. Morley404 pp.; $149ABA Publishing, 2012321 N. Clark St., Chicago, IL 60610-4714(800) 285-2221 Reviewed by Stephen A. Braunlich Stephen A. Braunlich is a U.S. Air Force Judge Advocate stationed at Malmstrom Air Force Base in Montana, where he serves as Chief […]
Uganda Divorce & Bride Price
Blog The Supreme Court of Uganda has refused to declare that the practice of exchanging money, cows, or other goods for a bride is unconstitutional in Uganda, notwithstanding the claim that it reduces the women to mere properties. However, the Court has ruled that it is unconstitutional for a man to have the right to […]
Malaysia and International Child Abduction
Blog Malaysia is not a party to the Hague Abduction Convention. Malaysia has refused to adopt the treaty, on the ground that it would purportedly contradict Shariah law, since that law bases child custody decisions to a substantial extent on religious, age and gender factors. Given that the Convention has now been signed by more […]
Prenuptial Agreements in Japan
Blog We have represented many international clients who have entered into marriage contracts or prenuptial agreements with Japanese spouses. We always work in collaboration with Japanese counsel in such matters as appropriate and as instructed by our clients. Prenuptial agreements are not common in Japan. They have never been a part of Japanese culture, even […]
International Child Relocations
Blog I was pleased that authors Audrey G. Masilla and Kristine M. Jacquin, in their chapter entitled “Relocation Evaluations in Child Custody Disputes” in the newly-published Handbook of Child Custody (Mark L. Goldstein, editor) relied substantially, when discussing international relocations, on my prior article on the topic. My article, entitled “The Impact of Foreign Law on Child Custody […]
Implications of Mixed Marriage for Indonesian Women’s Property Ownership
Blog Awareness of the Marriage Law is essential for Indonesian women who marry foreigners to retain their land rights. Indonesian women who marry foreigners need to have sufficient understanding of the 1974 Marriage Law, the 1958 Citizenship Law and the 1960 Agrarian Law to enable them to retain their right to own freehold property. Article […]
Serving proceedings in Russia under the Hague Convention
Blog The English High Court has clarified one aspect of service of English proceedings in Russia under the Hague Convention. The English Courts remain an attractive venue for Russian related litigation. A claimant wishing to serve proceedings on a Russian based defendant will invariably need permission from the English Court and several recent cases have […]
Notes on Switzerland and International Child Abduction
Blog The Swiss Central Authority under the Hague Abduction Convention is the Federal Office of Justice in Berne. The Convention entered in force in Switzerland on January 1, 1984. The implementing legislation is the Federal Act of 21 December 2007 on International Child Abduction and the Hague Conventions on the Protection of Children and Adults, […]
Preventing International Child Abductions
Blog International family law is expanding as people travel more and spend time with people from different countries. International personal relationships produce an abundance of conflict and litigation. It is hard enough for people to live together when they share a similar background, but it is far harder when they are from different countries, cultures, […]