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Articles and publications

Articles: 171
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PRENUPTIAL AGREEMENTS IN ENGLAND AND WALES – DO THEY BITE?

Sarah Lucy Cooper
Certain pieces of international legislation, such the European Maintenance Regulation 4/2009, do indeed provide for the prorogation ie contracting out of jurisdiction. Article 4 of the MR states in terms that the parties may choose the law applicable to spousal maintenance obligations provided that the state is one in which one of them has been habitually resident or a national at the time the agreement is concluded or the court is seised and is either a Member State of the EU or a signatory of the Lugano Convention. Importantly the MR does not provide for a prorogation of jurisdiction in terms of child maintenance, for any child under 18, which must therefore continue to be governed by the jurisdictional criteria in Article 3. Article 4 also makes it clear that any such prorogation of jurisdiction agreement should be in writing. If such an agreement forms a part of a pre-nup, again it is good practice to highlight the fact that the parties’ intention has precisely been to choose a particular jurisdiction pursuant to Article 4 as this is likely to be highly material given the vast differences in relation to the duration and level of spousal maintenance between England and most of the EU .... Read More »

SECOND BITE OF THE CHERRY

SARAH LUCY COOPER
This paper deals with applications under Part III of the Matrimonial and Family Proceedings Act 1984 for further financial provision which can be made in the Courts of England and Wales after a foreign divorce. Read More »

Property issues

Karina Krasnova
Pursuant to Article 409 of the Code of Civil Procedure of the Russian Federation, judgments of foreign courts including inter alia civil matters are recognized and enforced in the Russian Federation if there is a pertinent international treaty with the Russian Federation. There is no such international treaty between the Russian Federation and the United States. Therefore, no judgment of a competent U.S. court would be recognized and enforced in the courts of the Russian Federation. Read More »

La Demanderesse a introduit auprès du Tribunal la requête en vue de la dissolution de son mariage avec le Répondant.

La Demanderesse, en appui à sa requête a expliqué que le mariage a été contracté entre elle et le Répondant , enregistré le 08 mai 19XX , une inscription a été faite à cet effet dans le registre des actes de mariages sous N° XXXX. Lieu d’enregistrement du mariage - service d’enregistrement des actes d’état civil de mariage - Palais des mariages N°2 du Comité des Enregistrements des Actes d’Etats Civils du Gouvernement de Saint-Pétersbourg. Read More »

Divorce in Russia

The defendant is entitled to apply for review of this default judgment within seven days from the date of delivery of a copy hereof to her.

This default judgment may be appealed by the parties within one month from the date of expiration of the period established for filing of an application for reversal of this judgment by the defendant or (if such application is filed) within one month from the date of the court’s decision to dismiss the abovementioned application for reversal. Read More »
Articles: 171
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