Wondering about the impact of Brexit on family law?
The end of the transition period marks the start of many changes in the UK-EU legal systems and dealings. Cross-border divorces and other cases dealing with family matters will get modified permanently. One of our primary concerns is that the new rules lack the cooperation and mutual understanding shared previously.
In other words, the cancellation of most EU regulations can create legal complications for many families. Consequently, the government might not reciprocate cross-border enforcement and maintenance policies. That might lead to discrepancies and inconsistencies in how each court treats family law cases in the future.
Here are a few things to consider:
The Legal Implications of Brexit on Family Law
Brexit has significantly altered many areas of family law concerning UK-EU cases. The English government’s withdrawal from the EU will transform the way families deal with divorce settlements, financial disputes, and child arrangements.
Here are some things to consider beforehand:
The petitioner must choose a jurisdiction before applying for divorce, child custody, or financial settlement. You can base your decision on your current location or domicile status.
In legal matters of divorce, separation, or the nullity of marriage (and civil partnerships), the habitual residence will become a deciding factor for jurisdictions. If the couple lives in different countries, one must adhere to the jurisdiction where the first proceeding took place.
Want to know more?
Read the amended section 5(2) of the Domicile and Matrimonial Proceedings Act 1973. It features some rules accepted by the Brussels IIa. The modified regulations grant courts in England and Wales the power to stop cross-border proceedings in another jurisdiction (i.e., EU states) if required.
Enforcement of Judgments
At present, there is still some uncertainty regarding the recognition of cross-border judgments and enforcement of the final verdict. We know that the UK government plans to acknowledge most EU-enforced rules like any other non-EU law.
Under these circumstances, one should look at how the English courts treat non-EU based settlements. That way, you will have a better idea of the benefits and disadvantages of selecting EU regulations as your principle jurisdiction for all family law matters.
International Child Maintenance and Abduction
In family law cases concerning child custody and cross-border child abductions, the English court will adhere to the 2007 Hague Convention. Lawyers must specifically consider the articles featuring the International Recovery of Child Support to handle these issues. The convention offers valuable insights into what parents must do to recover their children after cross-border abduction. It also provides remedies and legal solutions required to resolve disputes over child maintenance.
How Can We Help?
Our experienced international family lawyers can offer personalized legal services for divorce, annulments, child arrangements, and more. With dual headquarters in UK and Poland, collaboration and cooperation between separated parties become more manageable.
In conclusion, the legal implications of Brexit have changed many cross-border family law regulations. These alterations make it necessary for you to consult an experienced lawyer before filing applications. Having legal support will enable you to overcome emerging obstacles better.
Get in touch to schedule a no-obligation consultation.