Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles

Matrimonial property: harmony in Europe?

Sep 29, 2018, 17:34 PM
Slug : matrimonial-property-harmony-in-europe
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 8, 2007, 05:48 AM
Article ID : 88375

CMV Clarkson, University of Leicester and Elizabeth Cooke, University of Reading. In 2006 the European Commission published a Green Paper on Conflict of Laws in Matters concerning Matrimonial Property Regimes, including the Question of Jurisdiction and Mutual Recognition (COM(2006) 400 final SEC(2006)952)) for consultation. According to the European Commission there are some 170,000 international divorces (16% of all divorces) in the EU each year. The promotion of the European goal of free movement of persons throughout the EU would be facilitated by the introduction of uniform choice of law rules and mutual recognition rules throughout the EU, with the aim of ensuring that whichever court has jurisdiction within the EU in disputes concerning matrimonial property, the same law will be applied leading to uniformity of result. Any judgment obtained would be entitled to automatic recognition and enforcement throughout the EU. The instrument envisaged by the Green Paper would apply both during marriage and on divorce, and might apply not only to married couples but also to civil or registered partners as well as non-formalised cohabitation unions. In this article, the authors look at the issues raised by the Green Paper and summarise the suggestions they put forward to the Ministry of Justice on the implications of the proposed instrument for the UK in a research paper that they were commissioned to write earlier this year. For the full article see October [2007] Fam Law.

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from