Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

25 MAR 2010

Cross-border Enforcement of English Ancillary Relief Orders: Fog in the Channel – Europe Cut Off?

JENS M SCHERPE, University Lecturer in Law and Fellow of Gonville and Caius College, University of Cambridge, ANATOL DUTTA, Senior Research Fellow, Max Planck Institute for Comparative and International Private Law

 In some cases English judgments have to be enforced in ‘Europe', irrespective of fog in the Channel or failure of the Eurostar. In a recent case, the Bundesgerichtshof (Federal Court of Justice, the German supreme court), had to decide whether and how a decision by the High Court on ancillary relief was to be enforced in Germany. The lessons that can - and indeed need to - be learned from that decision are important for anyone dealing with family law cases where enforcement in continental Europe is a possibility. Before looking at the decision itself, it is necessary - although probably most readers of Family Law will be familiar with this - to reiterate that the approaches to the financial consequences of divorce in England and continental Europe are fundamentally different (for a brief comparison see Scherpe, ‘Matrimonial Causes for Concern? A Comparative Analysis of Miller v Miller; McFarlane v McFarlane' (2007) 18 King's Law Journal 348-360). The crucial distinction is whether the financial consequences of divorce are seen as a single-pillar or a multi-pillar system.

To read the rest of this article, see April [2010] Family Law journal. To log on to Family Law journal Online or to request a free trial click here.

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters