Law
International Family Law: April 2011
We are pleased to announce the launch of www.internationalprenuptials.com, our website focused on international prenuptial agreements. The explosion of international relationships creates a tremendous need for sophisticated international counsel to structure international prenuptial agreements. We work collaboratively and collegially with lawyers around the world to structure prenuptial agreements for engaged couples with international connections. The […]
International Family Law: July 2011
Israel’s divorce law requires that Jews in Israel must be divorced only in the Jewish religious courts. Clearly this discriminates against women since only a husband has the right to grant his wife a divorce (a “get”) of his own free will. This religious requirement leads to a host of further discriminatory consequences. The 1979 […]
International Family Law: We Wrote the Book on International Family Law
Our book, International Family Law Practice, by Jeremy D. Morley, is available on the West Publishing website. It provides a practical approach for U.S. lawyers handling international family law matters. It focuses on international marriage and divorce, international prenuptial and postnuptial agreements, international divorce planning, recognition of foreign divorces, international child support and custody, international relocation of […]
International Family Law: Korea's Legislation Concerning Hague Convention
The Republic of Korea is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. On November 1, 2013, the Hague Convention entered into force between the United States and the Republic of Korea. The United States now has 72 partners under the Convention. The Convention is the primary civil […]
International Family Law: December 2007
The U.S. Court of Appeals for the Sixth Circuit has issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox, File No. 07a0502p.06; decision dated December 28, 2007. The decision speaks to the role that undertakings should play in rulings that concern […]
International Family Law: RECOGNITION OF FOREIGN COUNTRY DIVORCE DECREES: AN IMPORTANT NEW CASE
Jeremy D. Morley www.international-divorce.com The rule that a foreign country divorce decree will not be recognized unless at least one spouse was domiciled (or possibly resident) in the foreign country applies in most states even if the parties both appeared in the foreign proceeding. See Jeremy D. Morley, International Family Law Practice, Sec. 5.11 (2020 […]
International Family Law: Hungary and the Hague Abduction Convention
I reported in 2011 that “Having worked on international child custody matters concerning Hungary for several years, and having consulted with Hungarian counsel on such issues, it is unfortunately clear that Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or retained […]
International Family Law: English Prenuptial Plan Ill-Considered
Jeremy D. Morley I believe that the U.K. Law Commission’s hot-off-the-press proposal about prenuptial agreements in England and Wales is somewhat ill-considered. The reason that parties who marry want prenuptial agreements is to create security as to the financial terms of their future relationship and to avoid the potential expense, intrusiveness and uncertainty of litigation […]
International Family Law: Small World, Big Problem: Divorces Involving Dual Citizenship
By Jeffrey Landers The world is getting smaller and smaller. We live in a global society fueled by a global economy. International travel has never been easier. And now, thanks to the internet, we’re all connected in new ways and with fewer barriers than ever before. These days, people meet and fall in love across […]
International Family Law: Malaysian Family Law: Single Expert Appointment
The Family Court of Western Australia appointed Jeremy D Morley as a single expert to report on the law and legal process by which the Malaysian courts make arrangements following the breakdown of a marriage with respect to the custody and guardianship of children, financial support and maintenance for spouses and children, division and adjustment […]
International Family Law: The Hague Abduction Convention, Second Edition, by Jeremy D. Morley
The Hague Abduction Convention, Second Edition, provides a clear explanation of how the Hague Convention on the Civil Aspects of International Child Abduction works in the United States. Hague cases require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding […]
International Family Law: Uniform Child Abduction Prevention Act
Jeremy D. Morley The Uniform Child Abduction Prevention Act (“UCAPA”) has been adopted by 14 states and by the District of Columbia. The jurisdictions that have adopted the Act are Alabama, Colorado, District of Columbia, Florida, Kansas, Louisiana, Michigan, Mississippi, Nebraska, Nevada, New Mexico, Pennsylvania, South Dakota, Tennessee and Utah. In 2015 just one state, […]
International Family Law: April 2015
By Jeremy D. Morley International family law is a loose term that describes any and all family law matters that have an international element. That element may be that a spouse, a spouse-to-be, or a child is a national or domiciliary of another country. Or it may be that the spouses are in a […]
