News & Analysis as of

International Trade Civil Procedure Family Law

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Reciprocal enforcement of financial orders

by Hassan Elhais on

The UAE is not a signatory to REMO. Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement...more

Marriage Dissolution

by Hassan Elhais on

The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological...more

Finance Capital Property

by Hassan Elhais on

What powers does the court have to allocate financial resources and property on the breakdown of marriage? The court will not automatically consider the financial position of a separating couple unless an application is...more

Family Dispute Resolution: Mediation, Collaborative Law and Arbitration

by Hassan Elhais on

Briefly summarize the non-court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration....more

Divorce, Nullity and Judicial Separation

by Hassan Elhais on

Recognition of Foreign Marriages/Divorces - In order for a marriage contracted outside the UAE to be recognized, the marriage certificate should be legalized by the Ministry of Foreign Affairs in the country in which the...more

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

by Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Family Court Process

by Hassan Elhais on

1. Statement of Claim - The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Validity of Pre and Post: Nuptial Agreements

by Hassan Elhais on

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Jurisdiction and Conflict of Law

by Hassan Elhais on

1. Sources of Law - 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’....more

Family Law - Jurisdiction

by Hassan Elhais on

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Childs Best Interest in the United Arab Emirates

by Hassan Elhais on

Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this...more

Who Has Child Custody Jurisdiction

by Jaburg Wilk on

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

Worldwide Bound: the Hague Service Convention in International Family Law Cases

by McManis Faulkner on

As a family lawyer in Silicon Valley, I often work with clients with international issues: enforcing judgments in Europe, dividing property abroad or obtaining custody orders when the parents live on different continents. A...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction (Updated)

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Unreported Foreign Gifts and Divorce

by Sanford Millar on

In a recently released Chief Counsel Advisory (CCA) the IRS addressed the statute of limitations on assessment of penalties for failure to report gifts from foreign persons. The CCA states...more

Divorce: Finding Offshore Assets

by Sanford Millar on

One of the more important issues in a divorce proceeding is identifying and dividing community and separate property. The task of asset identification and location may have been made both easier and more complex at the same...more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

Seventh Circuit Addresses International Custody Dispute Under International Convention

Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues. The Hague Convention on the Civil Aspects of International Child...more

Changes in Czech parental and other family contributions or benefits for Czech citizens abroad.

by Radka Koch Hartmanova on

The Czech employment agencies were long ago warned by the European Commission and other Member States that they interpreted the term "residence" to broad. This would lead to abuse of the whole social system. (Czech nationals...more

Child Removed From Country Without Parent's Consent May Be Ordered Returned

by Daniel Clement on

The United States Supreme Court ruled that an order prohibiting the removal of a child from a country without the non-custodial parent's consent is enforceable under an international child abduction treaty. In Abbott v....more

Foreign Court Order Ruled Unenforceable: Court Nullifies Award of Attorneys Fees

by Hinshaw & Culbertson LLP on

In the litigation captioned In Re the Marriage of Natalija and Nikolai Solomon Lyustiger, 2009 DJDAR 14245 (2009) the Third District Court of Appeal decided an action based on the Uniform Foreign Money-Judgments Recognition...more

22 Results
|
View per page
Page: of 1
Cybersecurity

Follow International Trade Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.

Feedback? Tell us what you think of the new jdsupra.com!