International Finance & Forum
Information Zone - International Finance & Forum
Court of Appeal decision of Radmacher - An article by David Hodson
David Hodson explains the recent important Court of Appeal decision of Radmacher, giving much greater importance under English law to pre-marriage and other domestic agreements including when it would have been binding on the couple in their own home countries
Download the file 
radmacher.pdf (152.89KB)
War of the Worlds
This is an article by David Hodson published in the Surrey Law Society magazine deriving its inspiration from the HG Wells novel set in Surrey and dramatising the invasion of applicable law from Brussels law reformers
Download the file ApplLawWaroftheWorld.pdf (141.46KB)
Marital Agreements
This iGuide covers marital and other family agreements including in the international context.
Download the file marital_agree1.pdf (131.07KB)
Brussels family law conference for practising lawyers, December 2008
This report by David Hodson gives a background to the conference held by the Council for Law Societies and Bars of Europe on family law within Europe and was originally published in International Family Law magazine
Download the file Brussels_conference_25.pdf (120.72KB)
EU Maintenance Regulation
This Regulation is in force from 30 of January 2009 although will not be applied until June 2011. This summary article by David Hodson explains the background.
Download the file EUMaintenance.pdf (127.13KB)
Pensions with an International element
Pensions within family law is a complex topic. When there is also an international element, the subject can become exceedingly complex. The issue may arise when there are English proceedings with a foreign pension, foreign proceedings with an English pension and in decisions taken about appropriate forum for the proceedings. The issue may arise before the final order and settlement is made or on implementation and enforcement. This article was published in the Family Law Journal (Legalese).
Download the file International_pensions.pdf (141.79KB)
Rome III
It seems that the dramatic changes proposed by the EU in July 2006 to introduce applicable law in all family law cases, and originally to be in force from March 2008, have been shelved. They would have fundamentally changed English family law so that we no longer applied our own English law but the laws of many other countries. The opportunity should now be taken to review the jurisdictional basis of Brussels II including the race to issue. This article was published in International Family Law magazine (Jordans).
Download the file RomeIII.pdf (142.22KB)
The EU Mediation Directive
This article, published in International Family Law magazine (Jordans) explains in detail the EU Directive on mediation of 21 May 2008. It applies to family law. It has a three year timetable for implementation. It creates expectations that member states will encourage mediation wherever possible. It is an incredible opportunity for all family law professionals committed to ADR to bring about much-needed improvements and opportunities, both specifically in cross-border work but also in national family law work.
Download the file EU_Mediation_Directive.pdf (186.02KB)
Marinos: new definitions of habitual residence and residence for European Union family law cases
Marinos: new definitions of habitual residence and residence for European Union family law cases, affecting opportunities to claim jurisdiction in countries with which a family has close connections.
Download the file marinos.pdf (150.84KB)
Fairness in Family Law across Europe
A pan European deal or a pandemonium of cultural clashes? Seminar being given by David Hodson at International Society of Family Law conference at Chester University – July 2007
Download the file chester.pdf (219.29KB)
Whose law is it anyway? Applicable law post Moore
Download the file post_moore.pdf (160.91KB)
Summary guide to international family law issues
An introduction to a number of the important issues for consideration for international families.
Download the file INT4.pdf (149.53KB)
Guide to Brussels II
This European wide law was introduced very quickly and with very little prior notice in March 2001 and has had a dramatic effect on the practice of international family law cases ever since. It introduced identical divorce jurisdiction across Europe which is helpful. However it said that whichever party was first to issue proceedings in a European Union country secured priority. It directly encouraged the unilateral issuing of proceedings for tactical, financial reasons. It directly discouraged mediation, reconciliation, couselling and negotiation. This guide deals with the legal background and the procedural steps to be taken, including emphasising he importance of urgent advice.
Download the file Brussels_II.pdf (202.65KB)
List of Brussels II Countries
Download the file brussels_countries.pdf (92.23KB)
Guide to Brussels II bis
Brussels II was changed in August 2005, primarily dealing with children issues. This note covers the important topics in the revised law with special reference to the impact on international children issues including child abductions and international recognition of child conduct orders.
Download the file brusselsii_bis.pdf (144.13KB)
Check list of considerations in forum cases
A list of factors to take into account in deciding where proceedings should take place, the common connecting factors and other issues concerning jurisdiction.
Download the file forum_checklist.pdf (112.27KB)
“England expects… not to be confused with Scotland”
This article covers the geographical, the political and, crucially, the family law distinctions within the various countries which make up Great Britain, including the United Kingdom and the Republic of Ireland.
Download the file england_expects.pdf (140.96KB)
Recognition of foreign marriages and divorces and polygamy
A shortened version of the chapter from “A Practical Guide to International Family Law” (Jordans 2008) by David Hodson on the law concerning when England will recognise a foreign marriage, a foreign divorce and a polygamous relationship, and also issues of religious divorces, forced marriages and declarations of marital status.
Download the file recognition.pdf (277.23KB)
A network of European Family Lawyers Organisations
An article in July 2006 International Family law Magazine calling for the creation of a network of practitioner organisations to allow lawyers in one country to make contact with equivalent lawyers in another country to help a client on an international case.
This has now been launched. See the INFLO pages on the IFLG website
Download the file euor_pract_network.pdf (128.03KB)
Report on March 2005 World Congress on family law in Cape Town
Download the file world_congress.pdf (166.66KB)
Report on October 2005 Luxemburg EU conference on family law
Download the file lux4.pdf (279.91KB)
Rome III: The House of Lords report and issues of proportionality and subsidiarity
Article in April 2007 International Family Law magazine looking a the issues considered by the House of Lords in recommending that the UK opts out of the Rome III applicable law draft regulation.
Download the file romeIII.pdf (125.23KB)
Europe: An Expanding Regime
Report of Luxemborg Conference October 2005. What is the family law of Great Britain; Scotland is not part of England. This article covers the geographical, the political and, crucially, the family law distinctions within the various countries which make out Great Britain, including the United Kingdom and the Republic of Ireland.
Download the file Lux4.pdf (354.6KB)
