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.