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. Much like a Venn diagram, this book will illustrate, whilst wearing family law-tinted glasses, essential common law and civil law principles, when and how they collide and the often highly complex consequences.
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.
Part I will introduce civil and common law generally, and look at the EU regulations that bind the two together.
It will also look at non-EU Conventions that may come into play, as well as taking a look at the unique common law approach to conflict of laws and when laws of other jurisdictions might find their way into a case.
Part II presents and contrasts the relevant approaches to marital agreements, divorce, matrimonial property and maintenance.
This gives essential insight for practitioners with international clients with a never-ending list of queries. Expert analysis of the law is presented by Mark Harper, Anatol Dutta and Jens Scherpe, each at the forefront of their jurisdictions with a broad international practice and vast experience of cross-border issues.
This experience has exposed a need for clear and transparent guidance through the muddy waters of international divorce and financial claims.