Brexit and Family Law: What Do You Need to Know?

A couple sitting in front of a divorce lawyer

Could Brexit and family law changes affect your current divorce case?

At present, we are in a transition period where all petitions filed before 1st January 2021 will proceed under the old rules. Any case that is registered after that will go through changes. Some of these rules are still under consideration. There is a chance that the UK will adopt The Hague Convention for Service 1965, in any family law matter concerning individuals linked with the EU.

That said, international family law practitioners are keen on reviewing all previous and current policies beforehand.

Here are things we want our clients to know:

 

1. Divorce Proceedings

 

At present, the Brussels II law makes cross-border divorce cases pretty straightforward. It allows couples to choose a jurisdiction depending on their location and advantages it provides. Without a proper agreement in sight, no deal Brexit might cause problems for couples affiliated with the EU.

Their dual-citizenship could create complications as they are compelled to handle divorce with limited choices. They might also face injustice regarding the division of offshore assets and other notable resolutions.

Our lawyers can mitigate the risks by considering all the possible options and ensuring that clients get the best deal at the end. We also ensure that all legal proceedings are processed according to current and post-Brexit guidelines.

What about prenuptial agreements?

If your spouse holds dual-citizenship (i.e. British citizenship and EU nationality), you might need to review your contract. Your lawyer can guide you through this process, modifying anything that puts your rights at risk after Exit Day.

 

2. Child Custody & Abduction

When it comes to child custody, one or both parents are responsible for their children’s wellbeing. This also implies that one parent can’t relocate their children without the other’s permission (unless the court grants them the right to do so).

Post-Brexit, Brussels II rules regarding child custody and abduction will no longer be applicable. It is why the court will most likely work according to The Hague Convention (1996). It might be a setback since it does not have the same provisions or rulings about how soon the court can act.

Thus, it could lead to unwanted delays.

3. Brexit and Family Law: What Should You Do Before Exit Day?

As the year 2021 approaches, it is better to seek early consultation for all family matters. That way, you will understand the consequences of filing a divorce before and after Exit Day. It might also be useful to weigh in current advantages over potential legal changes in the future.

Here are some things to ask when you hire an international family lawyer:

  • Whether filing a divorce in 2020 is a good option for you?
  • Should you register your financial orders before Exit Day?
  • Should you review “choice of court” agreements before Brexit?
  • How long will it take to receive a verdict for family law proceedings after Exit Day?
  • Will your parental rights change after Brexit?

Your best bet is to know about all legal complications and issues when dealing with Brexit and family law. Otherwise, you risk losing more than you bargained for during family disputes, divorces, and financial distributions. Not to forget that your child’s custody rules might also change in the future.

In a Nutshell

At present, uncertainly in the post-Brexit legal rule may cause EU-centric family cases (i.e. divorce, settlements, custody disputes, etc.) to undergo many obstacles. They are more likely to be costly and highly complex. Due to this, it is more practical to hire international family lawyers that are well aware of Brexit implications than collaborating with any other lawyer.

Do you have more questions about Brexit and family law? Contact us today for further details and professional consultation.

3 Questions to Ask about Cross-Border Commercial Litigation Post-Brexit

Two Businessmen Shaking Hands

What will happen to international commercial litigation post-Brexit?

Multinational companies that depend on cross-border transactions and partnerships are worried about the adverse consequences they might face in the future. The discussions around Brexit and legal services are still uncertain in many areas.

Some executives fear their downfall. Many others view it as the rise of a new era. No matter what side you are on, you need to understand the basics before you file a lawsuit.

Here is everything you need to know:

1. How Does the Current Legal System for International Litigations Work?

At present, cross-border commercial litigations often operate under the EU regulations. It is strictly for cases involving one or more parties based in EU. We address civil and commercial matters through the Brussels I Recast Regulation. On the other hand, the contractual and non-contractual cases work according to the Rome I and the Rome II Regulations.

The benefits of this legal framework include:

  • Definite and predictable outcomes
  • It simplifies the legal system and makes it accessible for the poorest man
  • The EU law has a schematic approach that makes it more comprehensive
  • The law safeguards the rights of all the participants

The main idea is to prioritise a legal system that gives an equal footing to all participants involved. The English law often comes to play when we fight the case under English jurisdiction.

2.  What Will Happen to Commercial Litigation Post-Brexit?

Typically, the English courts do not need to seek permission to use English jurisdiction if the case involves EU-based participants. This rule might not apply in a post-Brexit setting.

There are several different ways to support commercial litigation post-Brexit. For instance, the UK can rejoin the Hague Convention (2005). That way, it gets access to a choice of agreements related to the English Law.

However, this agreement does not cover cases concerning B2C.

The other alternative includes the Lugano Convention (2007).  It requires English solicitors to utilise a multi-jurisdiction settled the case. The only problem is that the lack of certainty blurs the lines for unexperienced solicitors. When they address clauses conferring with local jurisdiction, they miss points covering the EU side of the agreement. This missing gap could tip the scales in the opponents’ favour if they are not careful.

3.  What Sort of Changes Can We Expect from Law Firms?

Currently, we cannot predict the potential implications of Brexit on commercial litigation. We expect to see changes and modifications within the legal framework in the near future.

Nevertheless, international law firms (like ours) are striving to stay alert and updated. We try to cover broad areas of the post-Brexit scenarios as well as the technicalities. It requires solicitors in our team to become more responsive, adaptable, and better managers.

All these characteristics prove beneficial for the team when we fight in the court after Brexit.

The Bottom Line

Overall, there will be a significant change in international commercial litigation post-Brexit. The main concerns feature complications include differences in opinions regarding which law should work. Solicitors might also find it challenging to negotiate with opposing parties when no standard rules are supporting this matter.

Despite all this, seasoned commercial litigation lawyers are rigorously preparing themselves for the upcoming modifications. They carefully weigh the pros and cons of each scenario before taking a stand. That way, they can represent their clients in a better and secure manner.

Do you want to know more? Stay tuned for more updates on post-Brexit law.