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Cross-Border Divorce Law

Brussels II Bis

Máire Ní Shúilleabháin author

Format:Hardback

Publisher:Oxford University Press

Published:30th Sep '10

Currently unavailable, and unfortunately no date known when it will be back

Cross-Border Divorce Law cover

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).

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 *

ISBN: 9780199581191

Dimensions: 237mm x 162mm x 27mm

Weight: 684g

364 pages