Both sides want to push ahead with a joint ‘work plan’ on trade border checks
Both sides want to push ahead with a joint ‘work plan’ on trade border checks
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Pictured above: Layla Babadi, legal director and solicitor in the family law team at Nelsons law firm
Submitted by Manisha Sodera
A Leicester law firm has been discussing the impact of Brexit on cross-border divorces to understand how it will affect legal proceedings.
Law firm, Nelsons, said couples whose divorce involves a UK-EU cross-border element must consider the potential impact.
This could include cases involving the jurisdiction where the separation takes place or the recognition and enforcement of certain orders.
Divorce laws in England and Wales will continue to abide by national legislation, meaning there will be no substantial changes in legislation as a direct result of Brexit.
The recently published House of Commons briefing paper ‘The effect of Brexit on getting divorced’ provides a summary of the rules for proceedings.
This includes circumstances concerning residents or nationals of EU Member States but does not cover any family law matters that relate to children or maintenance payments – the document will only apply to divorce.
Layla Babadi, legal director and solicitor in the family law team at Nelsons, said: “Under pre-existing laws, divorce proceedings with an international aspect are particularly complicated, as financial settlements and other outcomes differ from country to country.
“One situation may produce a different result, depending on where the divorce takes place, which can impact the divide in property, finance, and general belongings, as not all courts are the same across the world.”
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So what are the previous international divorce laws?
Layla said: “Under pre-existing laws, English and Welsh courts had the jurisdiction to rule on divorce proceedings based upon the separating parties’ domicile and/or habitual residence.
“Domicile is a legal point, which takes into account not only where you were born, but also where you are living now and what your intentions are for the future. Habitual residence refers to where you live and are based for the majority of the time.”
Consideration is often needed to be given according to the country’s divorce proceedings, specifically which nation’s courts have the jurisdiction to hear the proceedings and how the judgement of one country is enforced and recognised in another.
Layla said: “EU member states operate under the Brussels IIa provisions and the Maintenance Regulation.
“This means the courts of another member state must halt any additional proceedings until the jurisdiction of the relevant member state can be determined.”
Although, in the main, divorce judgements in one EU Member State are recognised in another EU Member State without the need for any special procedure.
What are the divorce proceedings like after Brexit?
Layla said: “Following the UK’s withdrawal from the EU, The Jurisdiction and Judgements Regulations 2019 came into effect and applies to all new divorce proceedings issued after 11pm on December 31 2020.”
The new regulations replace:
- The existing Brussels IIa legislation for England, Wales, and Northern Ireland
- The Maintenance Regulation for the UK
- Provisions in UK legislation that implemented the above EU regulations.
The rules relating to the recognition of divorces will now be governed by the 1970 Hague Divorce Recognition Convention.
As a result, UK divorces will be recognised by countries which have signed up to the convention. This will also apply the other way round with the UK recognising divorces from other Hague Convention countries.
Layla said: “Only 15 countries across the world have signed up to the convention, 12 of which are EU member states.
“Therefore, for countries who are not signed up, the recognition of English or Welsh divorce will be dependent upon their national law.”
For more support when it comes to divorce and separation, please visit the website here.
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Biden orders fresh Russia sanctions
Joe Biden hit Moscow with new economic sanctions in retaliation for alleged Russian interference in US elections and the Solar Winds cyberattack on American government agencies and corporations. The measures target “16 entities and 16 individuals” and 6 Russian companies. In addition, 10 diplomats at the Russian embassy in Washington will be expelled, and Biden barred US financial institutions from trading in Russian government bonds. Moscow has denied involvement in the cyberattacks and that it tried to influence elections. A Russian foreign ministry spokeswoman said that “the response to sanctions will be inevitable”. Sources: Bloomberg, CNBC, Financial Times, The Guardian and NPR.
Bezos comments on Amazon union vote
In his last letter to shareholders as CEO, Jeff Bezos wrote that “I think we need to do a better job for our employees,” despite Amazon workers recently rejecting a unionisation vote in the US state of Alabama by a wide margin. Sources: BBC, Bloomberg, CNBC and The Guardian.
Berlin rent cap overturned
Germany’s constitutional court struck down the Berlin state government’s rent control bill. The controversial legislation–meant to keep housing affordable, but criticised by landlords for discouraging investment–froze rent on most Berlin apartments at their July 2019 levels for five years. But the judges in Karlsruhe said there already was a federal rent law, which state authorities could not overstep. Sources: DW, Financial Times, The Guardian and The Local.
European Parliament moves toward ratifying EU-UK trade deal
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NZ climate finance bill
Earlier this week, New Zealand’s government introduced a draft law that would require asset managers, banks and insurers to disclose the impact of climate change on their business and the impact of their investments on climate change, starting in 2023. Sources: BBC, CNN, Investor Daily and Reuters.
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Pandemic outlook in Asia
Coronavirus rates are rising across much of Asia. The Straits Times surveyed the situation in Japan, South Korea, Malaysia, Thailand, India and the Philippines. Separately, the IMF increased its 2021 economic forecast for most of Asia, per Reuters, except several Southeast Asian countries, per CNBC.
Third vaccine jab probably needed: Pfizer CEO
The chief executive of Pfizer, which makes a covid-19 vaccine, said people will likely need a third booster dose, to be administered 6 to 12 months after their first vaccination. Sources: ABC News, CNBC, CNN and Financial Times.
Luxembourg schools get self-test kits
The education ministry will provide rapid antigen tests for the coronavirus to Luxembourg schools after the Easter holidays, with students and staff to be offered one free test per week, on a voluntary basis. Sources: Delano, Paperjam and 100,7.
Lenert returns on Monday
The health minister, Paulette Lenert (LSAP), returns to her post on 18 April. Lenert has been on sick leave since she was briefly hospitalised (for unclear reasons) on 23 March. Sources: L’essentiel and RTL.
Schrassig prison under partial lockdown
Luxembourg’s penitentiary, in Shrassig, has placed limits on the movement of inmates and on external visits after 15 prisoners tested positive for the coronavirus. The prison had only recorded one case before March 2021. Sources: Delano and RTL.
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Instagram sorry about harmful content
Instagram apologised for showing weight loss content to users with eating disorders. The social media outfit said it was a “mistake” and it has corrected its algorithm. Sources: BBC, The Guardian, Harper’s Bazaar and The Next Web.
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Derek Chauvin, the white ex-police officer accused of killing George Floyd, a Black motorist, will not take the stand. Chauvin’s trial in Minneapolis was adjourned until Monday, when closing arguments commence. Chauvin pled not guilty to all charges. Sources: BBC, The Guardian, NPR and Reuters.
Friday 16 April, 11:30am-1pm: The Confucius Institute at the University of Luxembourg hosts a lecture on “The Chinese Space Programme: Ambitions, achievements and perspectives”. Friday 16 April, 7pm-6pm: The British Ladies Club holds its monthly evening cocktail (via Zoom) and you don’t have to be British to participate (but you do need to sign up in advance by emailing [email protected]). Saturday 17-Sunday 18 April: Luxcon, Science Fiction & Fantasy Society Luxembourg’s annual convention. Monday 19-Thursday 22 April: Space Resources Week 2021 looks at the business and technical challenges of “in-situ resource utilization”. Tuesday 20 April, 5pm: “Will the Luxembourg partnerships survive?” fund legal webinar organised by Conférence Saint Yves and Ireland Luxembourg Chamber of Commerce.
Here are 5 science & technology stories you may have missed
Astronomy: Nasa is reviewing potential designs for a huge orbiting telescope that could detect atmospheric composition and other conditions (that could indicate signs of life) on exoplanets, per Air & Space Magazine. Covid-19: US regulators paused delivery of the Johnson & Johnson jab, which was linked with an extremely rare form of blood clot, not to adjust the vaccine but so that medical professionals are prepared to treat side-effects, per Ars Technica. Payments and streaming services: American rappers overwhelmingly prefer Cash App over Venmo, which perhaps is why Twitter bought Tidal, per GQ. Palaeontology: Since we don’t have pictures of dinosaurs, Popular Science explained how we know what they look like. Palaeontology: Edestus giganteous had a jaw and teeth that looked like a circular saw, per Smithsonian magazine.
Luxembourg places 4th in passport index
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Today’s breakfast briefing was written by Aaron Grunwald