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|The Curious Incident of the Italian Divorce Fraud - The Rapisarda Files|
Natalie O'Shea; Withers Bergman LLP;
December 12, 2014, previously published on October 10, 2014The most recent judgment in Rapisarda v Colladon  EWFC 35 (the facts for which seem to have been lifted from a theatrical sit-com, rather than the daily cause list) was handed down this week by the President Munby P.
|The Door Closes|
James Copson; Withers Bergman LLP;
December 12, 2014, previously published on October 17, 2014On 1 October 2014 the European Court of Justice made a landmark ruling on forum perpetuatio in children proceedings, that is to say as to whether once seised of jurisdiction on children matters the Court of a European Union member State is always seised. The decision was emphatic. The Justices...
|The Potential Cost of Jurisdiction in Cross-Border Divorce|
Brett Frankle; Withers Bergman LLP;
December 12, 2014, previously published on November 14, 2014In the latest blog from the Withers family law team, we explore the potential costs of handling divorces in different jurisdictions, how a specific jurisdiction can benefit one party, and also look at a recent case where millions has been spent just to settle where the divorce should be heard.
|Debunking the Myth of the Common Law Marriage|
Myfanwy Probyn; Withers Bergman LLP;
December 12, 2014, previously published on November 4, 2014‘I do not support two classes of adjudication depending on whether there happens to be a marriage. I support the extension of the existing system of judicial equitable distribution to the unmarried, warts and all.’
|How About Automatic Preservation Orders Like New York|
Gill Doran; Withers Bergman LLP;
December 12, 2014, previously published on October 24, 2014Having been reminded in a recent update session about the Court’s view on no-notice applications in the Family Division to stop a husband/wife from hiding assets or putting them beyond the Court’s reach, it occurred to me that New York (‘NYC’) has got the answer.
|An Example of a Poorly Written Separation Agreement Dec. 2014|
December 10, 2014, previously published on December 2014An Example of a Poorly Written Work Separation Agreement
|Will an Alimony Award Terminate if the Recipient Cohabitates?|
David M. Wildstein; Wilentz, Goldman & Spitzer P.A.;
December 10, 2014, previously published on October 10, 2014On September 22, 2014, the New Jersey Supreme Court declared to hear the case of Quinn v. Quinn. In the case, the couple was married for twenty-three years until they divorced in 2006. The Husband agreed to pay the Wife permanent alimony of $2,634 every two weeks. The agreement also included a...
|Budgeting After Divorce: What Should I Expect?|
Katherine Vera Coverdale; Zlock & Coverdale, P.C.;
December 5, 2014, previously published by Bucks County Women's Journal on Fall 2014Divorce always involves some adjustment in terms of the income(s) on which a spouse can rely and depend for day-to-day living expenses and future savings. The type of adjustment simply varies from case to case.
|Sixth Circuit Creates Circuit Split on Same-Sex Marriage; Tees Up Issue for Possible Supreme Court Review|
Rebecca J. Bennett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 28, 2014, previously published on November 7, 2014Yesterday afternoon, in DeBoer v. Snyder, the Sixth Circuit Court of Appeals issued an eagerly-awaited opinion, upholding laws in Ohio, Kentucky, Michigan, and Tennessee banning same-sex marriage. The court held that laws banning same-sex marriage in these states do not violate the Fourteenth...
|What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?|
Mervyn Braude; Jaburg Wilk;
November 28, 2014As with all community property, retirement assets are subject to division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.