Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

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 :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from