Hayley Trim's Analysis: Beyond Radmacher

Beyond Radmacher

While we (still) wait for the judgment of the Supreme Court in Radmacher v Granatino Lord Justice Thorpe's thought-provoking Keynote Speech to the Jordans Family Property and Finance Conference on 9 June serves as a timely reminder of the wider issues of international and particularly European family law facing us.

As a common law jurisdiction with an entrenched lex fori tradition the UK holds a minority position in Europe. While as David Hodson pointed out in his recent column numerous EU civil law jurisdictions have felt able to proceed with an "enhanced co-operation" to apply each other's law in appropriate international divorce cases the UK has avoided entering treaty negotiations on the harmonisation of divorce laws since opting out of Rome III.

The differences between financial awards on divorce under civil law jurisdictions and English law are notorious gaining London the reputation...

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