Brexit and Family Law

As the political debate around Brexit continues, we take a look at the impact it could have in Family Law.

EU Regulation assists in determining the appropriate legal jurisdiction for divorce proceedings. Currently, within the EU, the country where the proceedings are first issued has conduct of the case.

Upon leaving the EU under a 'no deal' scenario, this regulation would no longer take effect in the UK. In cases where there is the possibility of issuing proceedings in more than one country, there could be additional delay and expense for all parties if there is disagreement about the appropriate jurisdiction.

Alternatively, a 'no deal' Brexit might add further barriers to issuing divorce proceedings as those applying for divorce may have to prove that they are closely connected to one jurisdiction more than another. There may be a new agreement between the UK and the EU, incorporating the existing EU regulation, but this has not yet been determined.

Rules governing enforceability will cease to have effect within the UK. This would leave a high risk that parallel cases may be heard in more than one country.

The 2007 Hague Convention, which regulates law relating to maintenance obligations, legal aid and some rules relating to enforcement will need to be ratified in order to remain in force.

It has also been noted that rules which provide an obligation to deal with matters which relate to the unlawful removal or retention of a child, may no longer apply as well. This is something that will need to be reviewed and incorporated into UK law.

There will be a period of uncertainty once we leave the EU. Here at Harrowells, we will continue to review the position and provide readers with updates as and when we know them.