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The Hague 1970 Divorce Recognition Convention: filling an EU divorce gap?
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David Hodson examines this little-known Hague Convention on the international recognition of divorces and legal separations. Might it be the answer to the recommendation by the House of Commons Justice Committee for a system for mutual recognition and enforcement of family court orders?English family law after Brexit
On Wednesday 22 March 2017 the House of Commons Justice committee
produced its report on the implications of Brexit for the justice system. In respect of family law chapter 3 of the Report the recommendation is that the government should seek to maintain the closest possible co-operation with the EU on family justice matters and in particular to retain a system for mutual recognition and enforcement of judgments. These areas of judgments include orders in respect of children financial outcomes and divorce. The third is presently within the EU law known as Brussels II. This gives automatic recognition of divorces made by courts across the Member States. I wrote an analysis and commentary which can be found
here.
But Brussels II has a number of major difficulties particularly the forum choice when two or more...
Read the full article here.
