Why is Collaborative Practice so uncommon in cross border divorces?
Because the general rule in international divorce is "First Shoot Then Talk". (1)
If you want to seize the jurisdiction of your Country when dealing with international couples (i.e. different nationalities) you cannot "waste" a minute in negotiation, lest being snatched the jurisdiction under your nose.
In fact, the mere process of clarifying whether the Court that was first sought in time is competent or has got to dismiss the case in favour of the second in time, may take years (in some Countries).
Therefore: what do you do when you're a collaborative lawyer?
a) you file first and forget being collaborative.
b) you file first and withdraw.
c) you leave the case to somebody else because of your ethics.
Any other ideas? I am listening.
(1) See for instance: Reg. EU 2201 2003
Article 19
Lis pendens and dependent actions
1. Where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
Marco Calabrese is an International Family Law Attorney, shortlisted by the US and UK Embassy in Rome, amongst English speaking Lawyers in Italy. Owner of the Family Law Italy, a boutique law firm located in Rome [email protected] website www.familylawitaly.com +39068075014
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