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Preparations for Brexit

With the Brexit deadline of 31 October fast approaching, the possibility of a no-deal Brexit remains a real risk.

In this scenario the EU and UK will have failed to sign a Withdrawal agreement governing the terms of the UK’s departure from the EU and an agreement setting out the future relationship between them.  If the UK leaves the EU with no deal, EU law will immediately cease to apply and we will then be reliant on domestic law and internal treaties such the Hague Conventions.

As Family Law Specialists, we are alive to the need to be prepared for the eventuality of a no-deal because it raises a number of important issues in family law cases with an international dimension including:-

  • Divorce jurisdiction
  • Recognition of UK divorces in EU member states
  • Enforcement of maintenance orders and judgements in EU member states
  • Children

In preparation for the possibility of a no-deal Brexit, the Ministry of Justice has prepared guidance for UK and EU lawyers as has Resolution, the National Association of Family Lawyers.  The Government has also produced a number of Statutory Instruments (“SIs”) which will apply after Brexit in the event of a no-deal.  The main relevant SIs for family lawyers are:-

  • The Jurisdiction and Judgements (Family) (Amendments etc) (EU Exit) Regulations 2009
  • The Jurisdiction and Judgements (Family) (Amendment etc) (EU Exit) (No. 2) Regulations 2019

We are also assisted by the Guidance for Family Law Practitioners and Guidance for Children Practitioners which have been jointly issued by the Law Society and Resolution, and the Law Society and Association of Lawyers for children.

As Family Law Specialists, the Tisshaws team will be keeping abreast of the developments in family law at this uncertain time.

For further information or if you wish to set up a fixed fee meeting, please telephone 01444 472700 or use the contact form below.

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