Geraldine attended at the Annual Conference on European Family Law in September 2013 in Trier, Germany.
This was a Conference which was attended by Judges and solicitors specialising in family law and drawn from France, Germany, Holland, Spain, the Netherlands and Scandinavia.
The subjects included pre and post-nuptial agreements in the context of EU family law; cross-border divorce and matrimonial property regimes covering regulations in relation to Brussels II bis, which concerns jurisdiction and the recognition of enforcements of judgements in matrimonial matters and the matters of parental responsibility.
The highly topical subject of pre and post nuptial agreements was discussed. Couples entering into such agreements need to address issues of relocation, separate property and inheritance clauses, and importantly, to establish a jurisdiction nexus.
There was discussion in relation to Rome III, which is a regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.
Dr Geoffrey Shannon, Head of International Family Law, Law Society of Ireland, gave a talk on inter-country adoption, outlining the current complex issues relating to same, legislation pertaining to ICA and recommended changes to international law in order to protect children who are at the heart of this legislation.
A French speaker, Veronique Cheveaux, delivered a paper on the concept of maintenance in private international law and the sources of international private law regarding maintenance obligations. She concluded with a need for reform, which could lead to greater legal certainty for the parties.
The Conference looked at cross-border child matters before the European Court of Justice, and covered the need in child abduction cases to locate the habitual residence of the child. It also looked at the Consultation procedure in respect of children who have been ‘wrongfully removed’.
The Conference highlighted the increasing internationalisation and Europeanisation of family law, including financial issues, issues regarding children, domicile & residence.
- Geraldine Keehan, Partner
29 November 2013