Family Law

In this area of my website I set out items of news, commentary, blogs and articles. The most recent are set out below with a longer list in the right-hand column and many more which can be found using the search facility. Please do get in touch with me about any of these articles and the issues raised.

Family law issues relating to foreign superannuations, pensions

Dealing with superannuation policies on divorce is one of the harder elements of family law work. But when there are foreign supers, pensions, involved, the matter becomes incredibly more complicated. Superannuations differ around the world with different fiscal implications, benefits, valuations and level of funds consistent with the lifestyle and overall finances of the family. Advice from a super adviser…

Open offers after FDRs: is 21 days too soon?

Changes in the Family Procedure Rules (FPR) were announced in February 2020 including from a consultation in summer 2019 about costs in family law proceedings. One significant change is a requirement for open offers to be made 21 days after the FDR or such other period as the court may direct. In most cases, 21 days will be far too…

Digital domestic abuse: the need for international laws and protections

There is urgent need for cross-border protection from digital domestic abuse. Existing laws in respect of cross-border domestic abuse protections are patchy, confined to a few countries and relatively rarely enforced. Specifically they anticipate domestic abuse will be of a physical or verbal threatening nature. However domestic violence or other physical domestic abuse is often accompanied by, or just is,…

Divorce forum disputes: when dual nationality may not be a possibility

Overview   As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important.  It is sometimes based on nationality.  But some countries prevent citizens having nationality of more than one country.  International family lawyers need to be aware of which countries allow or prohibit dual nationality  …

Innovative New International Family Law Arbitration Scheme Announced in Fiji

Today (4th September 2017) at the 16th Australian Family Lawyers Conference in Fiji, Prof. Patrick Parkinson and David Hodson, two of the world’s leading international family lawyers, have launched an innovative new scheme to help international families. Called ‘The International Family Law Arbitration Scheme’ (IFLAS) it will avoid long and expensive forum litigation and will help couples work out where…

5th edition of Jordans ‘International Family Law Practice’ is published

The 5th edition of The International Family Law Practice has just been published by Jordans.  The book is edited by me and I have written several chapters, with specialist contributions from a number of other experts. These include my partners Helen Blackburn, and Ann Thomas. This authoritative leading text book provides comprehensive coverage of the international elements of English law, providing an indispensable practitioner guide…

Best interests of the child overrides EU finance jurisdiction law

An Opinion of an Advocate General of the European Union Court of Justice (CJEU) seems to set out a potentially significant widening of jurisdiction in EU family law finance cases, and perhaps even divorce cases, based on the supremacy of the best interests of the child.  If followed by the CJEU, and such opinions are often although not always followed…

The Islamic marriage conundrum

The Islamic marriage conundrum: Report of day conference at Institute of Advanced Legal Studies David Hodson OBE   I was delighted to be invited to speak at a conference on Saturday, 9 May 2015 to consider the conundrum in the Islamic community, but of importance to our country and specifically our family law, regarding the non-registration of many marriages and…

Unaccompanied minors and airline surcharges:The extra costs of long distance contact

The costs of international travel are a crucial factor for international families when children have contact with parents in different countries.  It can be a vital factor in relocation applications.  The “unaccompanied minors” arrangements of many airlines can be essential for the children and their parents but have their own cost to be taken into account   See attached article

Reform of the law on divorce financial settlements

  On Friday, 27 June 2014, the UK Parliament gets its first opportunity for very many years to debate what should be fair financial outcomes on divorce. Our present statute law is over 40 years old. Yet demographics and expectations in society have changed hugely over those decades. We need new statute law. We have this opportunity for Parliamentary debate…

Perfect marriages and perfect weddings

"The dream of having a perfect wedding is threatening the very institution of marriage."  My report on a fascinating discussion led by Dr Rowan Williams https://www.davidhodson.com/wp-content/uploads/files/perfectweddings1.docx

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