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  3. Marriage may be about love, but divorce is a business. For global couples—bo

Marriage may be about love, but divorce is a business. For global couples—bo

游客2023-12-16  23
问题     Marriage may be about love, but divorce is a business. For global couples—born in different countries, married in a third, now working somewhere else and with children, pensions and other assets @tinkled over the world—a contested divorce is bliss for lawyers and a nightmare for others.
    Divorce laws vary wildly, from countries (such as Malta) that still forbid it to Islamic states where-tot the husband, at least—it may be obtained in minutes. Rules on the division of property and future financial obligations vary hugely too. France expects the poorer party, usually the wife, to start fending for herself almost immediately; England and some American states insist on lifelong support. Some systems look only at the "acquest" ; others count the lot. A few, like Austria, still link cash to blame. Japan offers a temptingly quick cheap break, but—for foreigners—little or no enforceable contact with the kids thereafter, notes Jeremy Morley, a New York-based "international divorce strategist". Other places may be mum-friendly when it comes to money but dad-friendly on child custody.
    The European Union is trying to tidy up its divorce laws. A reform in 2001 called Brussels II tried to stop forum shopping, in which each party sought the most favourable jurisdiction, by ruling that the first court to be approached decides the divorce. That worked—but at the cost of encouraging trigger-happy spouses to kill troubled marriages quickly, rather than trying to patch them up. This, says David Hodson, a specialist in international divorce law, favours the" wealthier, more aggressive, more unscrupulous party". It goes against the general trend towards counselling, mediation and out-of-court settlement.
    An EU measure called Rome Ⅲ, now under negotiation and pencilled in to come into force in 2008, tries to ensure that the marriage is ended by the law that has governed it most closely. It may be easy for a Dutch court to apply Belgian law when dealing with the uncontested divorce of a Belgian couple, but less so for a Spanish court to apply Polish rules, let alone Iranian or Indonesian, and especially not when the divorce is contested.
    Such snags make Rome Ⅲ "laughably idiotic a recipe for increasing costs", according to John Cornwell, a London lawyer. Britain and Ireland say they will opt out. That, says Mr. Hodson, will give a further edge to London. Since a judgment in 2000 entrenched the principle of "equality" in division of marital assets, England, home to hundreds of thousands of expatriates, has become a "Mecca for wives", says Louise Spitz of Manches, a London law firm. David Truex, who runs a specialist international divorce outfit, reckons that at least a fifth of divorce cases registered in London’s higher courts now have an international element.
    For the typical global couple, such high-profile, big-money cases matter less than the three basic (and deeply unromantic factors) in marriage planning. According to Mr. Truex, a rich man should choose his bride from a country with a stingy divorce law, such as Sweden or France, and many her there. Second, he should draw up a pre-nuptial agreement. These are binding in many countries and have begun to count even in England. Third, once divorce looms, a wife may want to move to England or America (but should avoid no-alimony states such as Florida); for husbands, staying in continental Europe is wise.
    Outside Europe, the country—or American State—deemed the most " appropriate" in terms of the couple’s family and business connections will normally get to hear the case. But here too unilateral action may be decisive. When Earl Spencer, brother of Princess Diana, divorced his first wife he surprised her by issuing proceedings in South Africa where they were then living. In England, where they had been domiciled, she might have got a better deal. She ended up suing her lawyers.
    The lesson for couples? How you live may determine the length and happiness of your marriage. Where you live is likely to determine how it ends. [br] All of the following are the outcomes of Brussels Ⅱ EXCEPT
选项 A、hasty divorce.
B、fairness in some aspect.
C、reconciliation.
D、partiality in some aspect.
答案 C
解析 细节题。由Brussels Ⅱ定位至第三段。第二句指出：在2001年一次名为“布鲁塞尔二号(Brussels Ⅱ)”的改革规定离婚必须由诉讼送达的首个法院来判决，以防止“选购法院(forum shopping)”行为，亦即离婚当事人选择向最有利于自己的法院提起诉讼。由下句中的“改革"是有效的”说明Brussels Ⅱ在保证法院公正判决方面是有效的，[B]符合文意。同理可知，[C]“和解”与原文相悖，故为答案。第三句中的“但代价却是争吵不休的夫妇早早劳燕分飞，而不是让他们破镜重圆”表明[A]是改革的结果之一。第四句指出：跨国离婚法律专家大卫?霍德森(David Hodson)说，这正是“比较富裕、更为好斗、寡廉鲜耻的一方”想要的结果。可见，该规定对离婚双方并不公平，[D]符合文意。
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