the_____, which also provides a mechanism for service of documents through a central authority.
A. AICAP B. IACAPA C. LACAP D. IACAP
III. Fill in the following blanks with the given words below:
jurisdiction, forum , hearing , tag jurisdiction, divisible divorce, matter, respondent, personal jurisdiction, lis pendens, divorce .
1. Upon receipt of a copy of the arbitration application, the ______ shall, within the time limit prescribed by the Arbitration Rules, submit its defense to the arbitration commission
2. Sometimes a ______ is referred to as a bifurcated divorce.
3. Beyond the question of jurisdiction, due process requires that a respondent must be afforded notice and an opportunity for a_______.
4. If a man and woman ______or if one of them divorces the other, their marriage is legally ended.
5. Foreign defendants who are present within the territory of the United States may be served with process here, provided that service complies with the applicable procedural rules of the______.
6. The jurisdiction based on service of process on a person only transitorily in the territory of the state is called ______ .
7. Finally, it adopts a new institution of ______ to strengthen the harmonization of jurisdiction conflicts
8. In Mexico, divorce______ is based on domicile.
9. Subject ______ jurisdiction over divorce and its financial incidents is conferred by state statutes.
10. In Internet-related cases, the confirmation of the ______ that is based on nationality basis encounters obstacles.
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IV. Translate the following passage into Chinese:
Under this rule of divisible divorce jurisdiction, an ex-parte divorce decree based on the petitioner's domicile or residence within the forum state is entitled to full faith and credit in every state. Court orders concerning marital property and support rights are not entitled to full faith and credit, however, unless the forum court had personal jurisdiction over the respondent. Based on the same policies, courts in the United States give effect to many foreign ex-parte divorce decrees as a matter of comity, but do not recognize and enforce financial orders entered by a foreign court unless that court had full personal jurisdiction.
Section B
Defining Property and support rights
1 Despite broad similarities in the types of financial relief that may be available at dissolution of marriage, different legal systems take different approaches to questions, such as what property interests are subject to division between spouses; what are appropriate purposes and amounts of spousal maintenance; whether marital fault may be considered in determining what financial relief will be awarded; and to what extent marital agreements may be enforced. In countries that apply the law of the forum to the grounds for divorce as well as ancillary financial matters, the initial question of jurisdiction takes on particular strategic importance.
2 In the context of divorce proceedings, state courts in the United States generally apply their own law to property and support questions without regard to where the couple may have lived during their marriage or where their property was acquired. For jurisdictional reasons, the forum state is usually the parties' last common residence or domicile. Choice-of-law questions regarding matrimonial property may be important in other settings, particularly in inheritance and tax cases.
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For parties with significant assets, defining the legal regime that will apply to their marital property rights is an important purpose of a premarital or postmarital agreement.
(1) Marital Agreements 3 Because of the diverse approaches to marital contracts in different legal systems, it can be difficult to predict whether and to what extent a marital agreement concluded in one country will be enforced in another. Several common law countries, including Australia, Canada, and New Zealand, enforce marital agreements on terms generally similar to the United States. Although marital contracts contemplating divorce have been regarded as invalid and contrary to public policy in England and Wales, the courts have given greater effect to premarital agreements in recent cases, particularly those involving foreign nationals.
4 Marital agreements in the civil law tradition are concluded with different formalities, usually by a notary, who is a lawyer specially trained to prepare and authenticate documents, such as wills, deeds, and certain types of contracts. Statutes in many civil law countries define a number of different marital property systems and allow couples to choose among these in a marital agreement. Courts in the United States usually recognize and enforce civil-law marital property contracts, even when these agreements establish a regime very different from the background rules of the forum state. There may be difficulties, however, when the foreign procedures do not meet the standards of state law for disclosure or voluntariness.
5 Under traditional choice-of-law principles, the law of the place where a contract is executed governs its validity and interpretation, whereas the law of the place where the contract is to be performed governs matters of breach and enforcement. Courts regularly apply this rule to marital agreements, particularly those involving property rights. Under the restatement (Second) of Conflict of Laws section 188, the law of the place having the most significant contacts with the parties and their dispute applies to their rights and duties under a contract. If support rights are at issue, a court in the domicile or residence of the spouse seeking support has a particularly strong interest in addressing economic hardship that might result from a
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divorce. In some circumstances, a court might conclude that the parties have abandoned their agreement or their initial implicit choice of law, particularly after a move from one legal system to another. In international cases, the choice-of-law issue is sometimes discussed in terms of comity, and even under the traditional choice-of-law rule, a court is not likely to enforce an agreement that violates its strong public policy.
6 If the parties include a choice-of-law term in a marital agreement, state courts are likely to enforce it, provided that the parties have some connection to the forum they select. A choice-of-law provision may be subject to public policy objections when there is a substantial difference between what the foreign law permits and what local law would require. Thus, a premarital agreement entered into with no asset disclosure or independent legal advice, or one that includes a waiver of spousal support, might not be enforced in a jurisdiction that requires asset disclosure or legal advice or considers support waivers to be potentially unconscionable. Similarly, a postnuptial agreement valid in the place where it was executed might not be enforced in a state that prohibits postnuptial agreements.
7 The variability of these rules makes it difficult to prepare a marital agreement likely to be fully effective in some future litigation in an undetermined time and place. The ordinary risks of ambiguity and omission are significantly increased when the agreement will move with a couple through different legal and financial systems. Enforcement in the United States is more likely if counsel and the parties have paid careful attention to the various aspects of procedural and substantive fairness, including asset disclosure and independent counsel. Choice-of-law language that clearly identifies the connections to the forum whose law is selected and indicates the parties' intention that this law should control even in the event they relocate will also increase the likelihood of enforcement. Courts should evaluate the general enforceability of a marital agreement under the law of the place where it was executed, and give effect to a clear and reasonable choice-of-law provision, in the interest of protecting the parties' reasonable expectations and allowing for financial planning. 8 Courts in the United States apply the same general principles to marital
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