PRENUPTIAL AGREEMENTS IN SCOTLAND
Blog Prenuptial agreements are authorized by Scottish law. Section 9 (1) of the Family Law (Scotland) Act 1985 provides the principles that a court in Scotland must apply when deciding what order for financial provision, if any, to make upon a divorce. Such principles include the principle that “(a) the net value of the matrimonial property […]
English Suspicion of Prenuptial Agreements
Blog The legal status of prenuptial agreements in England remains far from clear. In the leading case, Radmacher v. Granatino, the U.K. Supreme Court in 2010 upheld the terms of a German marriage contract but it very carefully scrutinized the terms and the consequences of theagreement to determine whether or not they comported with the principle of […]
Preventing Child Visits to India
Blog Having represented numerous clients in international child custody matters concerning India, this author has been accepted on several occasions as an expert on international family law matters concerning India. The author is aware of seven cases in which courts in the United States, Canada and England have refused to allow visits to India because India […]
Child Custody in India: An Update
Blog The Law Commission of India has published a Consultation Paper on Adopting a Shared Parentage System in India. It has referenced two attempts that have been made to institutionalize shared parenting in India. The first is a set of guidelines on ‘child access and child custody’ prepared by the Tata Institute of Social Sciences […]
Book Review The Hague Abduction Convention by Jeremy D. Morley
Blog 2-FEB Colo. Law. 60 Colorado LawyerFebruary, 2013Department Reviews of Legal ResourcesBook Review *60 THE HAGUE ABDUCTION CONVENTION: PRACTICAL ISSUES AND PROCEDURES FOR FAMILY LAWYERS BY JEREMY D. MORLEY 404 PP.; $149 ABA PUBLISHING, 2012 321 N. CLARK ST., CHICAGO, IL 60610-4714 (800) 285-2221; WWW.ABABOOKS.ORG Review of Morley’s The Hague Abduction Convention Here is a review of my book […]
Competing Divorce Jurisdictions: England versus Malaysia
Blog In a high profile international divorce case a Malaysian court has ruled that it has divorce jurisdiction over the parties even though an English court ruled recently that the English courts have divorce jurisdiction. The wife had asserted – successfully in England – that she her home is in England, but the court in […]
Mature Child’s Objections in Hague Cases
Blog The mature child’s objection exception to the Hague Abduction Convention employs very loose language that provides a trial court with great discretion. In a hotly-contested case that I won in the U. S. District Court for the Eastern District of New York on Friday the trial judge found that a child who had just […]
International Prenuptial Agreements: Necessary But Dangerous
Blog Lawyers representing international clients who plan to marry and who want the protection of a prenuptial agreement should always consider the international ramifications of any proposed agreement. While conventional domestic prenuptial agreements raise grave malpractice concerns for family lawyers, the concerns become a hazardous minefield when the issues are multi-jurisdictional. In many ways the […]
Relocation of Children Under New York Law
Blog In what circumstances may a custodial parent relocate to another state (or country) and take the children? What law applies and how will the Court make this decision? “In reality, cases in which a custodial parent’s desire to relocate conflicts with the desire of a noncustodial parent to maximize visitation opportunity are simply too […]
There are Two Ways to Prepare for International Divorce
Blog Are you someone who always runs at the last minute to catch a plane? Or do you prefer to arrive at the airport ten minutes early and relax? This is a question that ‘marketing guru’ Seth Godin asks so as to illustrate the benefits of sensible planning in business. In my area — international […]