charlesrussellspeechlys.com

IAML President

International Family Law Issues from an IAML Perspective

William Longrigg

What is IAML?

Formed in 1986

45 countries now represented

c.680 Fellows

International Expertise & Experience

Growth of pre-nuptial and post-nuptial agreements

European legislation

Jurisdiction battles

Child abduction

Leave to remove cases

Different attitudes towards long-term spousal support

Different systems: civil & common law

“Cumbersome” legal system?

Legal costs in different jurisdictions

What international issues are we facing in England?

Growth of pre-nuptial and post-nuptial agreements No matrimonial régime in England

Default régime in another EU country can be different for UK citizens

What international issues are we facing in England?

European legislation Brussels II Bis

EU Maintenance Regulation

Applicable Law

To opt in or not to opt in?

What international issues are we facing in England?

Jurisdiction battles Forum Conveniens / Brussels II Bis

Different rules overseas

London – divorce capital of the world?

What international issues are we facing in England?

Child abduction – 1980 Hague Convention

What international issues are we facing in England?

Leave to remove cases Is leave to remove too readily granted in England & Wales?

What international issues are we facing in England?

Different attitudes towards long-term spousal support Compare with:

France

Germany

Sweden

Spain

What international issues are we facing in England?

Different systems: civil & common law Certainty / discretion

Legislation sometimes not a good fit

Trusts – common law concept

What international issues are we facing in England?

“Cumbersome” legal system? Final hearings

Repetition of the case

Thorough or too thorough?

Increasing numbers acting in person

What international issues are we facing in England?

Legal costs in different jurisdictions Fixed fees?

High hourly rates

What international issues are we facing in England?