One of the most important things when dealing with a case with an international element is never to presume the foreign law will be the same as England even if it looks similar. It can cause real problems. Local advice should always be taken.
This was starkly shown at the IAML annual conference last week in Harrogate by a presentation from Werner Martens of Berlin one of Germany's (and the world's) leading family lawyers. He explained German law in the context of divorce based on separation particularly when there was a forum dispute.
A basis of divorce in Germany is one year separation. England has two or five. That apart any difference? Fundamentally yes for forum disputes. In Germany the period of the separation can conclude when the case is ready to be heard and decided. In England it is when the petition is filed at the court. As long as there was separation of two years or...
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