Publications for Family Law Committee
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.
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.
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’.
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.
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 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.
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 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’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.
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
This article puts forward measures that can make all the difference when successfully protecting and managing assets during a divorce.
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.
A message from the Chair of the Family Law Committee.
A book review of Understanding Sharia, Islamic Law in a Globalised World by Raficq S Abdulla and Mohamed M Keshavjee.
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.
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.
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 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.
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.
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 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 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.
Update on the complexities of Hong Kong surrogacy law: parental orders, criminal liability and the authorisation of expenses
During the pandemic, two recent Hong Kong High Court cases may have opened the door to relaxing Hong Kong’s legislative restrictions on surrogacy and possibly formal law review and reform.