International Family Law - The Common Problems Live at Your Desk
This two-part virtual classroom seminar is designed for the family lawyer who deals with any cases - whether concerning money or children - with an international element, whether limited to an overseas holiday home or foreign parties with all their connections abroad.
It provides a broad overview of the most common problems in international family cases. From jurisdictional rules to procedural, regulatory and enforcement issues to practical issues involving the relocation of children both within the UK and outside it. It will also explore the possibility of an application for further financial relief in England after overseas divorce and overseas financial provision. Post-Brexit implications on international family law are considered including the 1996 Hague Convention on Children.
What You Will Learn
This live and interactive session will cover the following:
- Jurisdiction and Applicable Law in International Family Law Cases
- What is jurisdiction, what is applicable law?
- Brexit - what is the impact on family law?
- New rules on jurisdiction for divorce - Domicile and Matrimonial Proceedings Act 1973 as amended
- New rules on jurisdiction for children - Hague 1996, FLA 1986
- What is habitual residence, what is domicile and an analysis of recent caselaw
- Stays on proceedings and injunctions to restrain proceedings abroad - under what circumstances can an application be made and the timing of the application
- Applications under MFPA 1984
- Part III of the Matrimonial and Family Proceedings Act 1984 - the criteria for the making of an application
- Applying for permission to bring a claim under section 13 - FPR 2010 and preparing an affidavit
- Has the bar been lowered after Agbaje?
- The effect of a failure to enforce an overseas financial order
- The effect of pre-nuptial agreements on applications under MFPA
- Recent caselaw including Potanina v Potanin 
- Procedural, Regulatory and Enforcement Issues in International Family Law
- Service out of the jurisdiction
- Identifying and instructing foreign experts - the procedural requirements, costs considerations and regulatory considerations
- Property overseas - powers of the English court, assessing the net equity, costs of sale and tax considerations
- Finding assets overseas, overseas Land Registries and obtaining third party evidence overseas
- Enforcing English and Welsh judgments overseas
- The effect of undertakings overseas
- Overseas documents - certified copies, swearing affidavits
- Interpreters and translators - the oaths and qualifications necessary to get it right first time
- Witnesses overseas - using Skype and video evidence
- Witnesses who do not speak English - what are the rules for their statements?
- International Liaison Judge
- International aspects of legal aid and costs
- Relocation of Children Inside and Outside of the UK
- What is the UK and why does it matter?
- Type of application to be made for each type of move
- What evidence is needed
- Cafcass - what is their role on a relocation and are they necessary?
- Expert foreign law evidence - is it necessary?
- Ability to enforce contact overseas - the effect on success of the application. Hague 1996, mirror orders and other security
- Payne v Payne - is it still good law?
- Child Arrangements Orders - the effect of shared parenting
- Recent caselaw
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.
Please let us know if you wish to be notified.