Posted by Jeremy Morley | Apr 06, 2021 |
Grounds For Divorce in Korea
A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Act. Both spouses need to agree and appear in court in Korea.
Alternatively, the grounds for a judicial divorce in Korea (Art. 840) are:
An unchaste act (adulter...
Posted by Jeremy Morley | Mar 29, 2021 |
The mere fact that a foreign child custody order is homologized in Brazil does not guarantee that the order will remain in effect and unchanged over time.
Brazilian courts will have jurisdiction to hear an application to modify any such order once the child has relocated to and is resident in Br...
Posted by Jeremy Morley | Dec 08, 2020 |
Announcing: The Third Edition of The Hague Abduction by Jeremy D. Morley will soon be published by the American Bar Association. The Third Edition has been completely updated to reflect recent case law, especially concerning the key elements of habitual residence and grave risk of harm. The book ...
Posted by Jeremy Morley | Nov 17, 2020 |
The United States has not accepted the accession made by Belarus in 1998 to the Hague Abduction Convention (the 1980 Hague Convention on the Civil Aspects of International Child Abduction).
This means that the Convention is not in force between the two countries.
Therefore, the return remedi...
Posted by Jeremy Morley | Oct 27, 2020 |
Jeremy Morley will speak this Thursday, October 29 at 11am ET in a webinar, sponsored by the American Bar Association, entitled, “All in the Family: COVID-19 Impact on Cross-Border Marriage, Divorce and Custody.”
As the pandemic and its associated restrictions have remained largely in place, d...
Posted by Jeremy Morley | Sep 03, 2020 |
I recently joined Australian attorney Keturah Sageman and Lauren Battersby to discuss the impact of COVID-19 on international family law cases in the U.S.
You can listen to the discussion here.
Posted by Jeremy Morley | Jul 31, 2020 |
I just found this ruling from a while back by a judge in Connecticut on the impact of my testimony as an expert witness on India law and practice.
“We, normally in these matters, do not have the opportunity to hear from an expert witness, particularly someone as learned and as experienced in wh...
Posted by Jeremy Morley | Jul 17, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our tenth post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is United Arab Emirates.
Country Summary: Th...
Posted by Jeremy Morley | Jul 16, 2020 |
The United States has now accepted Pakistan's accession to the 1980 Hague Abduction Convention. The Convention will enter into force between the two countries on October 1, 2020.
It is not clear whether the decision to accept the accession is a result of a dispassionate review of the Pakistani...
Posted by Jeremy Morley | Jul 15, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our ninth post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is Romania.
Country Summary: The Convention has ...
Posted by Jeremy Morley | Jul 13, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our eighth post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is Peru.
Country Summary: The Convention ha...
Posted by Jeremy Morley | Jul 13, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our seventh post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is Jordan.
Country Summary: Jordan does not...
Posted by Jeremy Morley | Jul 06, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our sixth post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is India.
Country Summary: India does not adh...
Posted by Jeremy Morley | Jul 01, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our fifth post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is Egypt.
Country Summary: Egypt does not adh...
Posted by Jeremy Morley | Jun 29, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our fourth post in a series here focusing on the nine countries classified as “demonstrating patterns of noncompliance.” Today's country is Ecuador.
Country Summary: The Conv...
Posted by Jeremy Morley | Jun 25, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our third post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is Costa Rica.
Country Summary: The Convention h...
Posted by Jeremy Morley | Jun 23, 2020 |
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our second post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today's country is Brazil.
Country Summary: The Conventi...
Posted by Jeremy Morley | Jun 13, 2020 |
Jeremy D. Morley
Argentina is a party to the Hague Abduction Convention but it has been repeatedly identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014.
The State Dep...
Posted by Jeremy Morley | Jun 05, 2020 |
by Jeremy D. Morley
In 2019, the American Institute in Taiwan and Taipei Economic and Cultural Representative Office (TECRO) signed a Memorandum of Understanding on cooperation on international parental child abduction.
Taiwan is not a party to the Hague Abduction Convention.
The Memorandum ...
Posted by Jeremy Morley | May 21, 2020 |
Jeremy D. Morley
Brazil has adopted an unusual interpretation of the one-year provision in Article 12 of the Hague Abduction Convention, which creates a significant trap for the unwary.
Read about it here.
Posted by Jeremy Morley | May 07, 2020 |
Egypt has again been identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014.
The State Department has reported, in its just-issued 2020 Annual Report on International ...
Posted by Jeremy Morley | Apr 14, 2020 |
by Jeremy D. Morley*
The Monasky Case
In Monasky v. Taglieri, 140 S. Ct. 719 (2020) the U.S. Supreme Court redefined “habitual residence” in Hague Abduction Convention cases to align with the international jurisprudence. U.S practitioners must now become familiar with the Court's “totality-of-t...
Posted by Jeremy Morley | Apr 10, 2020 |
by Jeremy D. Morley
www.international-divorce.com
You are asked to prepare a prenuptial agreement between spouses of different nationalities, who have different prior countries of residency, assets in various international locations and future plans to relocate to one or more countrie...
Posted by Stutee Nag | Apr 09, 2020 |
by Stutee Nag*
Section 498A of the Indian Penal Code deals makes cruelty to a married woman by her husband and in-laws a criminal offense. An offense under section 498A is non-bailable. Every year, numerous cases are filed in India under section 498A, by Indian wives against their non-resident I...
Posted by Jeremy Morley | Apr 09, 2020 |
by Jeremy D. Morley
www.international-divorce.com
International people who plan to marry should always consider entering into a prenuptial agreement drafted by experienced international family law counsel. While there are many benefits of prenuptial agreements for conventional marriag...