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Encyclopedia > Divorce (conflict)
Conflict of laws
Preliminary matters
Characterisation  · Incidental question
Renvoi  · Choice of law
Conflict of laws in the U.S.
Public policy  · Hague Conference
Definitional elements
State  · Jurisdiction  · Procedure
Forum non conveniens  · Lex causae
Lex fori  · Forum shopping
Lis alibi pendens
Connecting factors
Domicile  · Lex domicilii
Habitual residence
Nationality  · Lex patriae
Lex loci arbitri  · Lex situs
Lex loci contractus
Lex loci delicti commissi  · Lex loci actus
Lex loci solutionis  · Proper law
Lex loci celebrationis
Choice of law clause
Forum selection clause
Substantive legal areas
Status  · Capacity  · Contract  · Tort
Marriage  · Nullity  · Divorce
Get divorce  · Talaq divorce
Property  · Succession
Trusts
Enforcement
Enforcement of foreign judgments
Mareva injunctions  · Anti-suit injunctions

In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the Conflict of Laws and its choice of law rules are highly relevant to determine: Image File history File links Scale_of_justice. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ... In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ... In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ... Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ... The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... The Hague Conference on Private International Law is the preeminent organisation in the area of private international law. ... For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ... Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ... The lex causae is the Latin term for law of the case in the Conflict of Laws. ... Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ... Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ... The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments. ... In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ... In English usage, nationality is the legal relationship between a person and a country. ... The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which... The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ... The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ... The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ... The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ... lex loci actus law of the place where the act occured that gave rise to the legal claim. ... The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ... The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ... The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ... A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ... A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ... The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ... In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ... In Conflict of Laws, the choice of law rule for tort is the proper law. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... It has been suggested that this article or section be merged into Get (divorce document). ... In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ... In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. ... In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property. ... In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered into force 1 January 1992. ... In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ... The Mareva injunction (variously known also as a freezing order or Mareva order), in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment. ... In the area of conflict of law, anti-suit injunction is a court order that prevents an opposing party from commencing or continuing a proceeding in a foreign jurisdiction. ... Young people interacting within an ethnically diverse society. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... For the record label, see Divorce Records. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ...

  • the circumstances in which people may obtain divorces in states in which they have no permanent or habitual residence; and
  • when one state will recognize and enforce a divorce granted in another state

Contents

For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...

The problems

When people's lives were mostly confined to a single state, local court orders for maintenance and child support, and for contact with, and parental responsibility for, any children of the family were administered through a relatively trouble-free system. But, as the borders between states became increasingly porous, people moved in search of employment, to build businesses or, simply, because they could. The marriage of people with different nationalities or domiciles therefore became more common. This has produced serious problems for the parties and for the court systems which are now expected to accept jurisdiction over persons sometimes only transiently within their territorial boundaries, and to enforce the judgments and orders of foreign courts. These more technical problems can be made worse by any personal animosity between the parties which contributed to the marital breakdown. In some more extreme cases, spouses move themselves and/or their assets to other jurisdictions to evade their obligations or liabilities, or they move to establish personal jurisdiction so that they can engage in forum shopping. Hence, suppose a German man marries a Turkish woman and they live in Poland until the breakdown, at which point the wife goes to Nevada because she has heard that the courts of the U.S. allow quick divorces and give generous maintenance and property settlement awards. When he hears of this plan, the husband moves himself and all his assets to the Republic of Ireland because he has heard that Irish courts do not recognise and enforce U.S. divorce decrees and their ancillary orders. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... In many countries, child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In English usage, nationality is the legal relationship between a person and a country. ... In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ... In law, the Doctrine of Evasion is a fundamental public policy. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ... This article needs additional references or sources to facilitate its verification. ... Division of property also known as equitable distribution of parties which is a judicial division of property rights and obligations between spouses during the process of the dissolution of marriage (divorce). ...


The concepts

The majority of states recognize the family as the natural grouping upon which society and culture are based, and guarantee to protect the institution in their constitutions both as the source of social order and as indispensable to the future welfare of their nations. Hence, marriage tends to be treated as a moral institution (with or without religious significance) and those who achieve the status of spouse are vested with a number of rights which can only be varied or terminated by court order. A few states, usually because of their prevailing religion, either prohibit or discourage termination by divorce. But the majority of more secular states make no fault divorce a relatively automatic process to reflect the reality that the marriage has broken down, sometimes without the need for both parties to attend at a hearing. This has caused a major shift in social policy in many countries because, if divorce is no longer of major juridical significance in the majority of states around the world, the rules for the international recognition and enforcement of foreign divorces also no longer require cautiously framed rules. Young people interacting within an ethnically diverse society. ... Culture (from the Latin cultura stemming from colere, meaning to cultivate), generally refers to patterns of human activity and the symbolic structures that give such activity significance. ... One of the most influential doctrines in history is that all humans are divided into groups called nations. ... Media:Example. ... Various Religious symbols, including (first row) Christian, Jewish, Hindu, Bahai, (second row) Islamic, tribal, Taoist, Shinto (third row) Buddhist, Sikh, Hindu, Jain, (fourth row) Ayyavazhi, Triple Goddess, Maltese cross, pre-Christian Slavonic Religion is the adherence to codified beliefs and rituals that generally involve a faith in a spiritual... For the direction right, see left and right or starboard. ... No-fault divorce is the dissolution of a marriage, upon petition to the court by either party, without the requirement that the petitioner show fault on the part of the other party. ...


Hence, four key questions need to be addressed:

  • what are the relevant public policies?
  • on what basis should states accept jurisdiction over Family Law cases?
  • if jurisdiction is accepted, what choice of law rules should be applied?
  • how should decisions made in one country be implemented in another?

Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ...

Relevant policies

Three public policies are relevant in the general Conflict system: Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...

  1. Avoiding so-called “limping marriages”. Wherever possible, there should be international uniformity in defining a person's marital status so that people will not be treated as married under the law of one state, but not married under the law of another. However, there may be situations in which it would be quite unjust and inappropriate for the courts of one state to be bound by another state's laws as to status (see below).
  2. Favor matrimonii upholds the validity of all marriages entered into with a genuine commitment. But, as states become increasingly secular and allow the termination of marriage through no fault divorce and other less confrontational mechanisms, the policy for recognition and enforcement of foreign decrees may be changing from favor matrimonii to favor divortii (i.e. upholding the validity of the divorce wherever possible).
  3. Wherever possible, the results of any litigation should give effect to the legitimate expectations of the parties as to the validity or termination of their marriage.
  4. That the application of all rules should, wherever possible, produce predictable and appropriate outcomes. There is a clear benefit that laws should be certain and easy to administer. Courts have the benefit of expert evidence and time in which to conduct their legal analysis. But the same issues arise far more often in everyday situations where immigration officers, social welfare and tax authorities, and businesses will have to decide whether persons claiming an eligibility or a liability based on their status as a spouse are validly married. If Conflict rules are obscure and complicated, this can result in real difficulties for all involved.

But the Conflict rules must be consistent with the forum's domestic policies in relation to marriage. Hence, the further policy considerations are: No-fault divorce is the dissolution of a marriage, upon petition to the court by either party, without the requirement that the petitioner show fault on the part of the other party. ...

  1. Even though policies related to community life reflect the views, opinions, and the prejudices of that community, local laws have a strong claim to specify the formal requirements for marriages celebrated within their jurisdiction (this is, after all, the reason that the lex loci celebrationis is usually accepted as the law to determine all formal requirements for the marriage). For example, the public interest requires that marriage ceremonies are performed openly and with due publicity, with all valid marriages properly recorded.
  2. The public policy underpinning the lex fori (the law of the forum court) will allow the court to ignore foreign limitations on the right to marry which are considered offensive, e.g. those based on differences of race or ethnic origin, or which allow persons of the same biological sex the capacity to marry. However, some states go further, e.g. in the United States, section 283 Second Restatement of Conflict of Laws provides:
A marriage which satisfies the requirements of the state where the marriage was contracted will everywhere be recognised as valid unless it violates the strong public policy of another state which had the most significant relationship to the spouses and the marriage at the time of the marriage.” i.e. it introduces a form of proper law test of policy which could potentially lead to the application of a third state's policies which is a confusing possibility.

In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ... Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ... The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ...

Legal termination of marriage

A distinction must be made between forms of divorce that are based in a court system administered under a system of law, and divorces that take place in quasi- or extra-judicial setting, i.e. without any formal supervision from the local court system. In both cases, once jurisdiction has been established, the lex fori will be applied to determine whether the local ground(s) of divorce have been satisfied and, if so, the marriage will be terminated with or without ancillary orders being made.


Judicial proceedings

Since this is an issue affecting the status of the parties, the standard choice of law rules would be either:

  • the lex patriae (the law of nationality) or habitual residence applied in the civil law courts (see Article 1 Hague Convention on Recognition of Divorces and Legal Separations 1970); or
  • the lex domicilii (the law of the domicile) applied in the common law courts.

Although the law of the nationality may be reasonably easy to identify since it is often merely a matter of registration in the given country, a person may have, say, a Greek nationality but have had a permanent residence in New York State for twenty years without becoming a naturalised American. Insisting on a test under Greek law may not produce a fair or relevant result. The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which... Civil law or continental law is the predominant system of law in the world. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Naturalization is the process whereby a person becomes a national of a nation, or a citizen of a country, other than the one of his birth. ...


In the common law, marriage can produce a common domicile for the spouses with the wife taking the domicile of the husband. This rule is derived from the proposition that a dependent wife will follow her husband in all aspects of her life. Although this provides a convenient law which is usually easy to identify (since the requirements for change of domicile depend on demonstrating an intention to reside indefinitely in the state of choice, the domicile of the husband is difficult to change) it may produce a result in which a person is domiciled in one state but the matrimonial home and all other features of the parties' lives may be in a second state. This problem is aggravated by the rules relating to the revival of the domicile of origin when a domicile of choice is abandoned. For example, a husband with a domicile of origin in Japan establishes a domicile of choice in China where he marries a woman with a French domicile. When the relationship breaks down, he abandons his home in China and goes to live in Singapore. Immediately upon his leaving China, his Japanese domicile revives and his wife's domicile also changes to that of Japan even though she might never have set foot in that country. To avoid both the patriarchal implications and potntially unfortunate legal consequences implicit in the domicile of dependence, many states have amended their laws to permit women to retain their domcile of origin upon marriage, or to establish a domicile of choice indendently of the husband during the subsistence of the marriage. In cases where the spouses have different domiciles, the choice of law rule must refer to both lex domicilii. Patriarchy For other uses, see Patriarchy (disambiguation). ...


Habitual residence may be a more satisfactory connecting factor than domicile because a person's long-term residence would appear to offer a more practical basis for recognition, whatever his or her intentions may be. Although intention is relevant to establishing a person's habitual residence, it is a less demanding test than for domicile. But it could lead to forum shopping with a Petitioner living in a state only long enough to establish habitual residence under that state's law and so evade obligations or gain unfair advantages. The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ...


Within the European Union, Regulation 2201/2003 (known as Brussels II) sets out the rules on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses except for orders relating to matrimonial property. Jurisdiction is allowed to the courts of the Member State in which one or both spouses had a common domicile, a common nationality or were habitually resident. Once proceedings have been initiated, other states must refuse jurisdiction. Once a court accepts jurisdiction, it is for the lex fori to apply its own choice of law rules: the United Kingdom and the Republic of Ireland apply the lex domicilii; the other EU states apply the law of habitual residence. In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In English usage, nationality is the legal relationship between a person and a country. ...


Quasi- or extra-legal proceedings

The most common forms of quasi-legal divorce are the Islamic forms of divorce known as the talaq and its less well-regulated version of triple talaq, and the form of divorce in Judaism known as the get which is regulated by the Beth Din (see [1]). Unlike the talaq, the process to obtain a get must occur at a specific place and with specified documents. Islam (Arabic:  ) is a monotheistic religion based upon the teachings of Muhammad, a 7th century Arab religious and political figure. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ... This article or section does not cite its references or sources. ... It has been suggested that this article or section be merged into Get (divorce document). ... A beth din (בית דין, Hebrew: house of judgment, plural battei din) is a rabbinical court of Judaism. ...


The talaq

For a discussion of the relationship between the talaq and secular laws, see talaq in non-Islamic states. Otherwise, there is a clear public policy need to consider whether, in an increasingly multi-racial and multi-ethnic society, transnational Islamic divorces can or should be recognized. For these purposes, a distinction is usually drawn between the Nikah form of talaq which is the normative form of procedural talaq, and the classical bare form of talaq which is used in India and in Pakistani Kashmir. In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ... Kashmir (or Cashmere) may refer to: Kashmir region, the northwestern region of the Indian subcontinent India, Kashmir conflict, the territorial dispute between India, Pakistan, and the China over the Kashmir region. ...


If the talaq is executed in a state where it is effective to terminate the marriage, this potentially affects the status and capacity of the spouses so that they are then free to remarry. Within the Conflict system, the enforcement of foreign judgments is a reasonably well-regulated area. But this form of divorce is only quasi-judicial at best, so it falls outside the normal rules. The general expectation as to choice of law depends on the characterization of the issue. As a form of divorce, the rule might be that the lex loci actus (the law of the place where the transaction took place) should be applied and recognised universally so that the parties would avoid a limping marriage (i.e. that whether they are considered married will change depending on which states they visit or reside in). However, this may be against public policy because one of the parties is seeking to evade some mandatory provisions of law or it is not in the best interests of any children (see parens patriae). If the characterization is status/capacity, this will be determined under the lex domicilii (the law of the domicile) in a common law state, and under the lex patriae (the law of the nationality) or habitual residence in a civil law state. Alternatively, the court seized of the matter might apply the lex fori (the municipal law of the forum state). The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ... In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ... In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ... Parens patriae is Latin for parent of the fatherland or parent of the homeland. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or continental law is the predominant system of law in the world. ...


The best answer is always to produce an in rem solution, i.e. wherever possible, the result must be accepted in the majority of states around the world. Thus, if the talaq is effective under the lex loci actus and recognized under the laws relevant to determine status and capacity, it will be recognized so long as the best interests of the children are protected in any orders or agreements made by the parties. For example, in English law, Part II of the Family Law Act 1986 draws the distinction between a divorce obtained by "judicial or other proceedings" and the divorce obtained "otherwise than by means of proceedings". The Nikah form is recognized in UK if: Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

  • it is effective by the lex loci actus (the law of the place where it was obtained), and
  • at the relevant date, either party was:
habitually resident in,
domiciled either in accordance with the local law or English law, or
a national of that foreign country.

But a "bare" talaq will only be recognized in UK if:

  • it is effective by the law of the country where it was obtained and
  • at the relevant date, each party was domiciled in that country (or if only one was domiciled in that country, then the other was domiciled in another country where the bare talaq was recognized).

And no recognition will be allowed if one of the parties has been habitually resident in the UK throughout the period of one year immediately preceding the pronouncement. The intention is to prevent one spouse from evading the local judicial system by traveling to a country that does permit the talaq.


The get

See also: Get (divorce document)

The discussion as to choice of law for the talaq is the same and, applying the Family Law Act 1986, the get qualifies under the first limb as "judicial or other proceedings". A get (גט, plural gittim or gittin) is the Hebrew word for a divorce document. ...


Japanese divorce

Japanese family law is designed to encourage the private resolution of family issues. Under the "family registration" (koseki) system, changes in family status and relationships do not require official approval. Article 763 of the Civil Code of Japan authorizes a husband and wife to divorce by mutual agreement (kyogi rikon divorces), and more than 90% of all Japanese divorces adopt this fast, simple and entirely non-judicial procedure. Kyogi rikon divorces are entirely non-judicial without the involvement of lawyers or any tribunal. The only requirements are that each spouse should sign a form, known as a rikon todoke, in front of two witnesses, and that the form should be filed with the local registration office. The parties do not need to make any appearance at the registry office. International couples may obtain a consent divorce in Japan if one of them is a Japanese citizen: Horei Law on the Application of Laws, Law No. 10 of 1898 (as amended 2001), Art. 16 (see [2]). If the parties cannot agree, judicial divorces may be obtained through the court system.


Hence, for the standard consent divorce, there are no "proceedings" within the meaning of the Family Law Act 1986, but such divorces will be recognized if both spouses were domiciled in Japan at the time, and neither spouse was habitually resident in the UK for one year preceding the divorce. But if either spouse did not hold a Japanese domicile, it is likely that a UK court would not recognize the divorce.


Maintenance

In the EU, Regulation 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (known as Brussels I) and Regulation 805/2004 of 21 April 2004 in respect of Uncontested Claims allow the almost automatic enforcement of all orders affecting maintenance when the parties are domiciled or habitually resident in the Member States with the exception of Denmark. The only exceptions are that enforcement would breach public policy in some way, the maintenance order cannot be reconciled with another judgment, or the application to enforce is "out of time". EU member states and candidates There are currently 25 member states in the European Union. ...


The United Nations Convention on the Recovery Abroad of Maintenance Payments (the New York Convention) enables the transnational recovery of maintenance by creating a Central Authority for Maintenance Recovery in the Department of Justice, Equality and Law Reform which is responsible for transmitting and receiving maintenance claims under the Convention. The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ...


For information about the enforcement of foreign support awards in the United States see: The Enforcement of Foreign Awards in New York State


  Results from FactBites:
 
Divorce (conflict) - Wikipedia, the free encyclopedia (2655 words)
The majority of states recognise the family as the natural grouping upon which society and culture are based, and guarantee to protect the institution in their constitutions both as the source of social order and as indispensable to the future welfare of their nations.
The most common forms of quasi-legal divorce are the Islamic forms of divorce known as the talaq and its less well-regulated version of triple talaq, and the form of divorce in Judaism known as the get which is regulated by the Beth Din (see [[1]]).
Hence, for the standard consent divorce, there are no "proceedings" within the meaning of the Family Law Act 1986, but such divorces will be recognised if both spouses were domiciled in Japan at the time, and neither spouse was habitually resident in the U.K. for one year preceding the divorce.
Parenting After Divorce - Reducing Divorce Conflict for the Sake of Your Child (1225 words)
After the divorce, all children really want is for their parents to act grown up, leave them in peace, and let them love the other parent.
Children develop loyalty conflicts and become afraid to love both of their parents or to express their love for one parent in front of the other parent.
Divorced children frequently feel that they have failed or blame themselves when their parents stay in conflict, and they feel even more insecure when they can't prevent the arguments.
  More results at FactBites »

 
 

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