Family Law Hub

Introduction to European Family Law

Congratulations.

You have passed this course and your training and competence records have been updated

Note: The correct answers are highlighted below

Your score: 4/5 (pass mark: 4)
Course level: Introduction
Course reference: EFU/CLLE/0512/EFL

  • 1
    Under domestic law, to establish “habitual residence”, it must be shown that:
    • the person is voluntarily present in England
    • the person is a UK taxpayer
    • the person has been in England for an appreciable period of time
    • the person has been in England for any period of time
  • 2
    V v V is authority for
    • following the approach in Marinos rather than Munro
    • following the approach in Munro rather than Marinos
    • the proposition that a person cannot be habitually resident in one country and resident in another
    • the proposition that a person can be habitually resident in one country and resident in another
  • 3
    Brussels II introduced the following changes:
    • identical procedures for divorce across the EU
    • identical jurisdiction grounds for divorce across the EU
    • a first past the post system
  • 4
    A husband and wife met and married in London. They then moved to Italy where they lived and worked for thirty years. The husband, who has English domicile, returned to England in September 2011 and has lived in London ever since. His wife remains in Italy. He comes to you in March 2012 for advice on obtaining a divorce and asks whether he can file a petition now at the Principal Registry and, if so, and on what jurisdictional grounds. You advise him that:
    • Of course he can divorce in London – they married in England after all.
    • Provided that both his and his wife’s domicile is England, he can petition for divorce in this jurisdiction.
    • Provided he has six months habitual residence in the jurisdiction plus his domicile remains England, he can petition for divorce in this jurisdiction
    • He should speak to another family lawyer in the team – you don’t do international work
  • 5
    Under Article 19 Brussels IIA:
    • The party who lodges their divorce petition (or equivalent) first, seises the court and obtains exclusive jurisdiction
    • The party who lodges their Form A (or equivalent) first, seises the court and obtains exclusive jurisdiction

CPD course, published: 01/05/2012

Topics

See also

  • A foundation course for practitioners seeking to understand the principles and key regulations of European family law Training note, 01/05/2012, members only

Published: 01/05/2012

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item