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International Res Judicata: Should Australian family law provide a second bite of the cherry when the first bite abroad was unfair or inadequate?

At the 17th Australian Family Lawyers’ Conference in Fiji, David Hodson presented a paper, written with Michael Allum giving a global overview of the circumstances in which some countries will grant financial provision even though a divorce and financial order has already been made in another country.  It asks whether

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Watershed moment for UK surrogacy law

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force today (3 January 2019) enabling single people for the very first time to apply for parental orders. Parental orders are the mechanism in the UK by which intended parents are able to become the legal parents of

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EU Matrimonial Property Regime Regulation

The Regulation The EU Matrimonial Property Regulation is 2016/1103 with a full title of Council Regulation of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of Matrimonial Property regimes.  It should be read alongside Council Regulation

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How to keep your divorce amicable

As a divorce lawyer (specialising in cases with an international connection), I often see how acrimonious divorces can become with cases ending up in Court, and sometimes taking years to conclude. This can be a stressful time for all involved, emotions often run high and sadly children can often become

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Do the UAE Visa changes really help divorcees?

According to the Federal Authority for Identity and Citizenship, UAE: ‘The aim is to give women the opportunity to adjust their social and economic status after the loss of the head of the family’ What are the new Rules for Divorcees in UAE? Since 21 October 2018 divorcees living in

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The Do’s and Don’ts when relationships begin to strain abroad

DO’S DO go and see a specialist international family lawyer in the country where you reside as soon as possible. The meeting is for information gathering and confidential. You will feel empowered by doing so. DO then consider doing the same exercise in the country where you and your spouse have the

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English Civil Partnerships may not be recognised abroad

Civil partnership was introduced into English law by 2004 legislation for same-sex couples.  It was then anticipated it would answer the need for same-sex couples to have a civil state registered relationship but short of same-sex marriage.  It was treated in law as equivalent of marriage.  Within a decade, in

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Innovative New International Family Law Arbitration Scheme Launched Today in Fiji

A new and innovative arbitration scheme has been launched today (4 September 2017) at the 16th Australian Family Lawyers Conference, held in Fiji. Prof. Patrick Parkinson and David Hodson, two of the world’s leading international family lawyers, launched ‘The International Family Law Arbitration Scheme’ (IFLAS). Designed to help international families

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