Introduction and Contents
In this roundtable, our chosen experts provide insight into some of the biggest questions concerning those currently engaging in divorce proceedings. They outline the pros and cons of settling divorce outside the courtroom, address the key challenges surrounding the breakdown of international families, and explore the enforceability of pre- and post-marital agreements. The experts also explore the latest regulatory changes, noteworthy case studies and interesting developments surrounding family law in Singapore, South Africa, Spain, the United Kingdom, and in California, New York and Oklahoma in the United States.
Contents
Page 6
Q1. Can you talk us through the process for divorce in your jurisdiction?
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Q2. Have there been any recent regulatory changes or interesting developments?
Page 12
Q3. What about noteworthy case studies or examples of new case law precedent?
Page 14
Q4. With the Labour Party vowing to reform cohabitation laws in the build-up to the general election in the UK this year, can you talk us through the current system and how any changes may affect couples in the future?
Page 14
Q5. Some of the common misconceptions around pre-marital agreements are that they set the marriage up to fail and they are not legally enforceable. What is your opinion of pre-marital agreements and what best practice advice would you offer to anyone drafting theirs?
Page 18
Q6. Can pre-marital agreements be amended or cancelled to address new circumstances after marriage? If so, how often or at what stage should this be evaluated?
Page 21
Q7. Once an individual has decided they want a divorce, who should they tell first: their spouse or their attorney?
Page 23
Q8. What are the main challenges when dealing with complex assets following the breakdown of the family and what measures can be implemented to achieve a positive outcome?
Page 25
Q9. How is child custody usually determined during the dissolution or separation of marriage?
Page 29
Q10. At what age does the court consider the child's wishes regarding visitation?
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Q11. Must a parent enforce a visitation order and what are the consequences for failure to produce the child for a visit?
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Q12. At what age can a child refuse to visit with a parent or self-emancipate?
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Q13. What are the main challenges surrounding the breakdown of international families and what considerations will be made when one or both spouses wish to relocate abroud?
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Q14. Has the recent increased use of technology in the legal industry helped to expedite proceedings or alleviate the strain on the legal system for family law matters?
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Q15. What are the pros and cons to resolving divorce cases through alternative means such as mediation or dispute resolution?
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