TL4
Virtual

What is in a Name? Changing Name & Title on Divorce: Comparing France, England, Italy & the US Approaches

09 Sep 2021

Location: 5.00pm - 6.00pm UK Time Virtual Event (Zoom)
Members: FREE - Book by 09 Sep
Non Members: Become a Member above and Register for FREE - Book by 09 Sep

What is in a Name? Changing Name & Title on Divorce: Comparing France, England, Italy & the US Approaches

Highlights

Who has the right to the family name and title on divorce?

This unique event will delve in to the somewhat awkward issue of the right to use names. Is there one?

Listen in on a Case Study discussion between France, England, Italy and the US

Fact Pattern

The French Count Alexandre de Bourbon marries an Italian woman, called Carolina Rimini. After the marriage, Carolina changes her name and calls herself the « Countess Carolina de Bourbon ». They have three children and the children’s name is « de Bourbon ».

The parties are divorcing and during the divorce proceedings, there is a dispute on the issue of the name and title. Carolina wants to keep the name « de Bourbon » and she also wants to keep the French title “Countess”. Alexandre is refusing to allow her to keep both the name and title, given that he has discovered that Carolina has cheated on him during the entire marriage with the gardener…

The parties are living in your respective jurisdiction at the time of the divorce.

 

  • Conflict of law rules to resolve issues of name and title in the event of divorce: which choice of law rule would be applied in your respective jurisdiction?
     
    • Which law would your Court apply to the issue of keeping the name upon divorce?
    • Which law would your Court apply to the issue of keeping the title upon divorce?
       
  • If the national law applies, how would the Court deal with such dispute? Would the spouse be entitled to keep the name? Would the spouse be entitled to keep the title?
     
  • If the spouse moves to your jurisdiction after the divorce, can she change her name to resume using her former married name? how do you change your name in your jurisdiction?
     
  • If the spouse moves to your jurisdiction after the divorce and she continues to use the name and title, in violation of the foreign divorce judgment, can you enforce this judgment against her? Can you prevent her from using the name and title in your jurisdiction?

Hear English, French, Italian & US Perspectives from:

Delphine Eskenazi
Partner
Libra Avocats (France)

Delphine Eskenazi has over 15 years of experience in renowned international and French law firms. She is the founding partner of the lawfirm “Libra Avocats”.

She is currently specialized in international family law, in order to advise private clients on their complex family issues. She is an active member of the International Academy of Family Lawyers, and she has written many articles published in law journals in the area of international family law


Delphine Eskenazi
Delphine Eskenazi Partner
Libra Avocats (France)
Jeremy Morley
Lawyer
Law Office of Jeremy D. Morley International Family Law (USA)

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel.

Mr. Morley is the author of "International Family Law Practice," the leading treatise on international family law in the United States, which is updated annually. He is also the author of "The Hague Abduction Convention: Practical issues and Procedures for Family Lawyers," published by the American Bar Association.

He is the former co-chair of the International Family Law Committee of the International Law Section of the American Bar Association. He is a member of the International Academy of Matrimonial Lawyers.


Jeremy Morley
Jeremy Morley Lawyer
Law Office of Jeremy D. Morley International Family Law (USA)
Tessa Bray
Partner
Simons Muirhead Burton

Tessa is a Partner in the Family team. She has considerable experience working on high-value financial settlements, often including multiple jurisdictions and complex trust and pension issues.

Tessa has been involved in many high-profile cases and has extensive experience in applications for financial relief following a divorce in countries outside the UK.  She acts for a range of clients, many of whom work in the financial sector, media, the leisure industry and homemakers.  She also has a special interest in farming cases, coming from a farming family herself. Tessa advises on private law children disputes, and has expertise in applications for leave to remove a child from the jurisdiction. Other aspects of her work include advising on wealth protection by way of pre-nuptial and post-nuptial agreements and dealing with disputes between unmarried couples (in particular, Schedule 1 claims under the Children Act 1989


Tessa Bray
Tessa Bray Partner
Simons Muirhead Burton
Marzia Ghigliazza
Lawyer
Studio Legale Internazionale Ghigliazza-Rugani (Italy)

Practices exclusively in family law and inheritance law, with particular specialism in children’s law, international family law, international custody disputes, child abduction, same sex partnerships, registration and enforcement of foreign contact orders, applications for leave to remove jurisdiction, applications for residence and contact.

Baccalaureate Degree at the German School, German-Italian cross-qualified. Freiburg University in Philosophy. Summa cum laude Degree in Law. Milan Bar Association.

International Inheritance and Succession Law. Collaborative Lawyer. Cross-border Mediator. Paris IFOMENE Diploma, in Family Mediation. Member of CBFM and MIKK. Founder and secretary of ICALI (Italian Child Abduction Lawyers in Italy), part of LEPCA. Founder and ongoing member of  the Italian Association in Collaborative Practice (AIADC). Cooperates with the National Authority for Children and Adolescents (AGIA). Trainer of National High Council of Judges (CSM), for SSM (Superior School for Judges) and for ERA (Academy of European Law). Participated to the Special Commission at the Permanent Hague Conference, actively continuing to network with the Permanent Bure


Marzia Ghigliazza
Marzia Ghigliazza Lawyer
Studio Legale Internazionale Ghigliazza-Rugani (Italy)

Agenda

4.55pm
Audience Log-on
5.00pm
Chair's Opening Remarks
Speakers:
Delphine Eskenazi - Partner - Libra Avocats (France)
5.05pm
What is in a Name? Changing Name & Title on Divorce: Comparing France, England, Italy & the US Approaches
Speakers:
Tessa Bray - Partner - Simons Muirhead Burton
Jeremy Morley - Lawyer - Law Office of Jeremy D. Morley International Family Law (USA)
Marzia Ghigliazza - Lawyer - Studio Legale Internazionale Ghigliazza-Rugani (Italy)
Delphine Eskenazi - Partner - Libra Avocats (France)
5.50pm
Panel Q&A
6.00pm
Chair's Summation & Close of Event

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If you are interested in this event and would like some more information before making your decision to attend please contact Pauil on +44 2071 014155 or email paul@thoughtleaders4.com