Marriage and Divorce Conflicts in International Perspective

The Restatement (Second) of Conflict of Laws (1971) covers a broad range of family law topics. However, since 1971, there have been significant changes in family law in the United States and abroad, mostly concerning divorce, equitable distribution of property, and same-sex marriage. As such, the Second Restatement reflects an older legal tradition and is, consequently, not as equipped for addressing international family law conflicts in the advent of globalized couples and families. With the Third Restatement of Conflict of Laws currently being written, the authors of this article discuss the changes in family law and propose new approaches to marriage and divorce conflicts that should be reflected in the Third Restatement. The authors emphasize cross-border recognition of marriage and divorce judgements to better address legal consequences, specifically those surrounding family status and divorce validity. They also propose greater recognition of the autonomy of married and unmarried partners, such that their independent financial and property interests define the economic consequences of their relationship.