David Hodson on International Family Law: Law Commission proposals and international families

The proposals by the Law Commission are now a week old and a better opportunity can now be taken to consider their wider impact.  How do they affect international families?  There are a number of implications and these are a few:

1 It remains hard to advise with any certainty and confidence in a forum choice case about what will be the outcome in England and Wales.  Although our law may be clearer now than perhaps any time in the past 14 years or so as far as categorisation of assets and relationship with needs are concerned it is still nevertheless very unclear and uncertain.  In contrast to civil law jurisdictions and countries such as New Zealand the English lawyer cannot give really...

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