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Evaluate the Significance of the Statement - Essay Example

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“To decide the effect in England of a transnational divorce it is necessary to distinguish divorces obtained by proceedings from those obtained otherwise than by means of proceedings” (Clarkson and Hill, 2011). Evaluate the significance of the above statement…
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Download file to see previous pages The problems related to such cases are analyzed in this paper; reference is made specifically to the transnational divorces in UK and their recognition in the context of British law. Due to the complexity of the relevant processes, two different modes of such divorces have been developed in the British law: the transnational divorces based on proceedings and those that can be developed otherwise than by means of proceedings. The literature published in regard to this subject highlights the following issues: existing British law in regard to transnational divorces is not so clear; there are provisions setting the general terms of the relevant processes but the options available are differentiated, leaving to the court the right to decide on the potential validity of a divorce for the English law and the intervention of the English courts in a dispute related to foreign divorce. This phenomenon is particularly clear in the case law developed in regard to this issue. In any case, transnational divorces are acceptable in the context of British law, being based mostly on the principle of recognition, but their effects are not standardized, being depended on the conditions of each case, as these conditions reflect the relationship of each of these cases with the English law. The fact that the trends developed in Britain in regard to the acceptance of the transnational divorces as valid are differentiated, do not influence the power of the English courts to decide on the validity of these divorces, no matter if the terms of the foreign law, to which the parties are related, are met. 2. Transnational divorce in UK 2.1 Transnational divorce in UK – characteristics and challenges In order to understand the effects of a transnational divorce in the context of the British law, it would be necessary to refer primarily to the characteristics of the particular type of divorce, as developed not only in UK but also worldwide. A divorce is characterized as transnational when the acts involved, meaning the various processes required for the acquisition of the relevant certificate, have taken place in two different countries (O’Brien and Smith 1999, p.487). In accordance with Wray (2011), the transnational divorce is distinguished by the common divorce at the following point: in the transnational divorce part of the processes for the issue of the divorce need to be completed in UK and part of them have to be developed in another country (Wray 2011, p.83). In other words, transnational divorces are necessarily related to the law of different countries. In Britain, the requirements of a transnational divorce are incorporated in three different legislative texts – the Recognition of Divorce and Legal Separations Act 1971, the Domicile and Matrimonial Proceedings Act 1973 and the Family Law Act of 1986. It should be noted that the above texts do not refer directly to the case of ‘transnational divorce’ but they list the terms under which a divorce of such characteristics can be valid in the context of the British law. In practice, the identification of the terms of validity of a transnational divorce is quite difficult. This problem is particularly common in England where a series of problems has appeared in regard to the successful completion of the relevant processes, a fact that reveals the need for the review of the relevant legislation (O’Brien and Smith 1999, p.487). One of the most important problems related to transnational div ...Download file to see next pages Read More
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