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Dec 26, 2024
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LAW 2828 - Divorce: Comparative and International Perspectives
This course focuses on how the legal systems of different nations regulate the dissolution of marriage and how treaties and the common law regulate the international recognition and enforcement of divorce and custody judgments. It compares the legal doctrines and policy assumptions that regulate divorce in the United States and selected western European countries. Topics covered include the legal grounds upon which marriages can be dissolved as well as the issues with which courts must deal in dissolving marriages : distribution of family wealth, child and spousal support, and post-divorce parenting arrangements. The course also compares the procedures and policies used by different countries (e.g., adversarial litigation, mediation and expert evaluation) for making divorce-related determinations. Finally, the course examines the text and operation of an international treaty, the Hague Convention on International Child Abduction, which determines the appropriate nation to litigate international child custody disputes, and the common law doctrine that recognition of a divorce decree rendered by a foreign state can be against the public policy of the recognizing state. (Offered at Summer Law Program in Nice, France.)
Credits: 2
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