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Cross-Border Divorce Law

Cross-Border Divorce Law Brussels II Bis

Author: Maire Ni Shuilleabhain
Publisher: Oxford University Press
ISBN: 9780199581191
Published In: October 2010
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author
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This book provides the first detailed and comprehensive analysis of cross-border divorce law under the Brussels II bis Regulation
Provides a comprehensive review of existing literature and case-law and offers an up-to-date account of the law
Takes a thematic, issue-driven approach therefore providing a more synthesised analysis than existing literature on the topic
A new departure in dealing exclusively and comprehensively with the divorce aspects of the Regulation

This book examines the divorce aspects of the Brussels II bis Regulation (Regulation 2201/2003). It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of the core jurisdictional concept of 'habitual residence'. The scope of the Regulation is analysed, and particular attention is given to its possible application to civil partnerships and same-sex marriages. The book also analyses the Regulation's impact on ancillary relief matters and its interaction with related measures of EU and national law in that context.
The new recognition procedures are considered in detail, as are the defences to recognition, and the wider consequences of automatic recognition are assessed. The book provides in-depth coverage of relevant case-law of the national and EU courts, and particular attention is given to the likely impact of the cases decided under the 1968 Brussels Convention and under Regulation 44/2001 (including the Owusu case).

Readership: This book will appeal to academics and practitioners specialising in private international law, European law and family law; in particular it will be of use for practitioners as it is clearly written and explains the scheme of this complex regulation and explores its interaction with associated financial relief laws. While the book is written from the standpoint of English law, most of the analysis will be of the substance of the Regulation itself, and therefore of interest to other Member States.

1: Introduction

2: Habitual Residence, Domicile and Other Connecting Factors

3: Personal, Temporal, Material and Geographic Scope of Brussels IIbis

4: Jurisdictional Bases under Brussels IIbis

5: Declining Jurisdiction under Brussels IIbis

6: Recognition of Judgments under Brussels IIbis

7: Conclusion;

Máire Ní Shúilleabháin, Lecturer, School of Law, University College Dublin

"An outstanding analysis, well written and superbly documented - definitively a must have for all family law practitioners...Ms Shuilleabhain's masterly description of the European law of cross-border divorce, covers comprehensively all questions practitioners in the field could have. Her account of the law will prove to be a standard work for everyone with an interest, either academic or otherwise, in cross-border divorce matters" - Patrick Wautelet, University of Liege

"...a most welcome contribution to the quickly developing union law on cross-border family issues...This book can be highly recommended to all professionals, in particular judges, practitioners and academics, dealing with cross-border divorces within the EU. It should also be a self-evident consultation material in the forth-coming evaluation and revision of the Brussels II bis Regulation, planned to take place in 2012." - Maarit Jantera-Jareborg, Uppsala University Sweden