Podcast Location:
Download it here [file size: 25.8 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to introduce the listener to the subject of financial provision following a foreign divorce and International ADR. It will consider the relevant law, procedure and case law on the topic including an analysis of the Supreme Court decision in Agbaje v Agbaje. It will also touch on the role ADR and Mediation will play in International family cases.

Outcomes:
After completing the course you will:
  • Know the relevant statute law;
  • Be aware of the recent major decision of the Supreme Court;
  • Know what has happened in recent cases;
  • Understand what the proper approach will be to this remedy;
  • Know the general principles for seeking financial provision after a foreign divorce;
  • Be aware of the procedure of these applications;
  • Be able to identify some of the practical circumstances to take into account;
  • Understand the background to international ADR;
  • Know when international ADR should not be commenced;
  • Know about the EU mediation directive and what the impact will be on England;
  • Understand how the mediation imperative in the FPR 2010 will impact in international cases.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Introduction
Legal Principles
Sources and References:
  • Agbaje v Akinnoye-Agbaje [2010] UKSC 13;
  • CG v IF [2010] EWHC 1062;
  • Chandler v Chandler [2011] EWCA Civ 143;
  • Cross-Border Mediation Regulations 2011 No 1133;
  • Family Procedure Rules 2010;
  • Part III Matrimonial and Family Proceedings Act 1984;
  • Schofield v Schofield [2011] EWCA Civ 174;
  • Traversa v Freddi [2011] EWCA Civ 81.
Tags:

Will family courts recognise divorces that occurred abroad? What provision do courts make for applicants after a foreign divorce? In this podcast David Hodson, Partner at the International Family Law Group sets out the relevant law and the impact of the major Supreme Court decision of Agbaje v Agbaje on financial provision after foreign divorce. He also considers International ADR and Mediation.

Podcast added: 22/07/2011

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