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David Hodson on International Family Law: EU proposals on marital property rights

Date:24 MAR 2011

David HodsonThe EU has just published its long-awaited proposals for divorce property rights in cross-border cases. It is in many regards very good much to be welcomed and should make resolution and implementation easier for international families. Yet within the draft regulation the obsession remains by the EU to impose applicable law across the EU including on countries such as the UK and the Republic of Ireland which historically apply only their own law. Without this and with some changes it could be usefully implemented.

Creating uniform rules and procedures for recognition and enforcement of family court property orders across Europe is hugely valuable saves time and costs and increases the likelihood of successful implementation. It uses the customary exaquatur procedure. This is an excellent development.

Some EU countries will not make property orders on divorce in respect of property abroad. In contrast some EU countries will make property orders in respect of property in...

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