Publications for Family Law Committee

Transnational succession: the case of the 'double' succession of an English citizen who owned real estate in Italy

The question submitted to the Corte di Cassazione involves a case of transnational succession concerning an English citizen domiciled in the United Kingdom who owned real estate located in Italy and died in Italy in 1999.

Released on Apr 13, 2022

Summary of the Abu Dhabi Non-Muslim Personal Status Law

Personal Status Law No 28 of 2005, Civil Transaction Law No 5 of 1985 and Abu Dhabi Non-Muslim Personal Status Law No 14 of 2021 all govern family matters in the United Arab Emirates (UAE). The UAE Personal Status Law will continue to apply to Abu Dhabi's Muslim residents, but not non-Muslim expats in Abu Dhabi.

Released on Apr 13, 2022

Protection of the rights of children in the case of the divorce and division of property of married parents in the Russian Federation

The rights and interests of minor children need special protection by the state because, due to their young age, they are not able to protect themselves independently. In particular, the issue of protecting the interests of children arises in the situation in which parents decide to terminate their marriage and divide the property they have acquired together.

Released on Apr 13, 2022

No-fault divorce: are England and Wales ready for a less acrimonious approach to separation?

The idea of no-fault divorce has been around for a long time. In fact, in the 1990s, Parliament legislated for this change before it was pushed back – only being discussed again and agreed upon in the last half a decade.

Released on Apr 13, 2022

Double-barrelled name law in Italy – a work in progress

The use of double surnames is legal but not customary in the world. In Italy, children traditionally take their father's surname, except if the child is born outside of marriage, and in this case, children take the last surname of the parent that first recognises them.

Released on Apr 13, 2022

Should prenuptial and postnuptial agreements be treated as binding contracts in all jurisdictions?

Should prenuptial and postnuptial agreements be treated as binding contracts in all jurisdictions? Natalia Wielgosinska Law Firm of Attorney-at-Law Natalia Wielgosinska, Poland

Marriage and divorce in uncertain times of Covid-19: a pandemic that changed the Court’s way to deal with family matters

During the Emirates-wide strict lockdown implemented in Dubai, the Courts in Dubai suspended divorce and marriages until further notice.

The recognition at common law of Nigerian adoption orders in the UK and the role of the 1993 Hague Convention on Intercountry Ad

Nigeria is not a signatory to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption to enable Convention adoptions, and it is no longer on the list of designated countries through which a foreign adoption may still be recognised by English law.

Article 13(b) of the 1980 Hague Convention and Covid-19

It is not uncommon for the Article 13(1)(b) exception, namely the ‘grave risk’ exception, to be used as a defence to object to the return of a child in 1980 Hague proceedings. While highly fact-specific, most common assertions relate to grave risk resulting from domestic violence or regional conflict.

Child contact arrangements during the Covid-19 lockdown in England and Wales

An article discussing the legal advice surrounding the following UK government lockdown guidance: ‘Where parents do not live in the same household, children under 18 can be moved between their parents’ homes’.

Covid-19 and family law: the Singapore perspective

This article explores how the pandemic has significantly affected Singapore court proceedings and family law jurisprudence on divorce, division of assets, and children issues as caused by the new way of family life in Singapore, the new normal.

How divorced families are managing during the Covid-19 pandemic: an international review

This article explores the following two questions: how do divorced families cope with contact arrangements and what are the ‘soft’ (non-binding) guidelines for inter-parental relationships on how to divide the children’s time?

The ‘incurable’ disease of domestic abuse in the UK

The UK’s coordinated response to preventing and tackling domestic abuse to date is not perfect but it is advanced, although the financial austerity affecting the public, private and voluntary sectors has had a negative impact.

England and Wales: access to justice and family law jurisprudence in the Covid-19 era

The pandemic has raised fresh legal questions for family law practitioners ranging from financial matters to arrangements for children in the UK. The pandemic has also had an impact on access to justice.

New Zealand: inter-bubble parenting during Covid-19 lockdown

New Zealand has been hailed as one of the ‘early-mover nations’ after achieving early success in the fight against Covid-19. This article explores the country's response to family law issues during the pandemic.

New York State modernises its surrogacy laws

New York State’s anti-surrogacy statute passed in 1992 was, until recently, one of the most restrictive surrogacy laws in the United States. This article discusses the changes to the law.

Highlights and brief analysis of the Surrogacy (Regulation) Bill, 2020 and suggested potential safeguards

The Surrogacy (Regulation) Bill, 2020 (Surrogacy Bill) is an ethical, moral and social piece of legislation which protects both exploitation of the surrogate mother and the rights of a child born through surrogacy.

Real justice in virtual courts

An article exploring the use of virtual courts in India and the challenges that this entails during the Covid-19 pandemic. Real justice in virtual courts Anil Malhotra

Protecting your client’s investments in the face of divorce

This article puts forward measures that can make all the difference when successfully protecting and managing assets during a divorce.

Family justice in England and Wales in the age of Covid-19 (and after)

Currently, the most crucial question is probably when, if ever, the coronavirus is going to end, at least in the jurisdiction of England and Wales, and what the long term impacts will be on family justice.

From the Chair of the Family Law Committee

A message from the Chair of the Family Law Committee.

Book review: Understanding Sharia, Islamic Law in a Globalised World

A book review of Understanding Sharia, Islamic Law in a Globalised World by Raficq S Abdulla and Mohamed M Keshavjee.

The impact of the lockdown on victims of domestic abuse

Never before has the country or the world found itself in such uncertain and unprecedented times. While Covid-19 will no doubt have a momentous impact on access to justice generally, it is likely that the most vulnerable in society will be effected the most significantly.

And then came Corona

An article discussing the areas of Family Law particularly affected by the coronavirus, including marriage, divorce, visitation, alimony, travel bans, domestic violence and succession planning.

Covid-19’s impact on Spanish family law

Government Decree RD-Law 463/2020, dated 14 March 2020, declared a State of Emergency to deal with the Covid-19 health crisis. It adopted a series of measures relating to limiting peoples’ movements, as well as constraining Spain’s social and economic activities.

The rights of a non-biological child to enter the EU as a family member of EU citizens

The Court of Justice of the EU in case EU:C:2019:248, was asked by the UK Supreme Court to provide an answer as to whether a minor child in the guardianship of a citizen of the EU under the Algerian kafala system could be regarded as a ‘direct descendant’ of that citizen. If not, whether such a child could be admitted into the EU Member State on the basis of being a family member.

Covid-19: a jurisdiction focus on Spain

Family law is one of the areas more likely to be left behind when normality is left behind, particularly due to the lack of specialised courts, judges and lawyers, which has a dire effect on complex cases or those with an international element.

CATCH80: child-friendly summary of the 1980 Hague Child Abduction Convention

This article discusses CATCH80, which came as a result of recognising the need for a higher level of information and support for children involved in proceedings under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Family law under the threat of Covid-19

Family law matters in general have been deeply affected in South Africa by the National State of Disaster, not to mention the overall burden experienced by women and children in particular.

The impact of Covid-19 on family law in Australia

The most overused word during the current coronavirus pandemic has been ‘unprecedented’. Barely a day goes by when unprecedented is used in a news article or some direction from a court or court ruling. Despite the extraordinary use of this word, nevertheless it accurately describes the impact of coronavirus in Australia at least.