Does your divorce have a cross-border element in it?

The implications of Brexit on family law have increased uncertainty associated with relevant legal proceedings. The situation can become more complex if there are children involved. That’s because Brussels II (a) has been replaced by the Hague Convention (1996), creating slight differences in routine procedures.

In addition, the UK courts are still finding their bearings regarding child maintenance and relocation issues.

This article gives you an insight into the situation.

Here are a few things you should know:

1. Choosing Jurisdiction

The Brussels II A granted jurisdiction to the state where the child is ‘habitually resident’. The Hague Protection of Child Conventionmore or less follows the same conditions. It only differs in situations where children change habitual residence during legal proceedings. When that happens, a jurisdiction might lose its authority to enforce any orders regarding custodial rights (or relocation).

That means it’s best to stay within the same jurisdiction during your divorce and custody proceedings, reducing complications surrounding jurisdiction and order enforcement.

Recognition of Orders

The UK has made certain amendments to existing legislation (i.e. the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations). The new provision instructs UK courts to implement the Hague Convention 1996 to recognize and enforce orders issued in EU member states.

However, there are slight alterations in the new rules and regulations, which might affect the verdict in the long-run.

For instance, the Hague Convention does not include automatic recognition of custodial rights. You might need court permission and a declaration of enforceability to raise your child. The court order applies to situations where you want to relocate from the UK to the EU or vice versa. The extra steps can cause delays in legal proceedings.

Therefore, you must consider this before choosing the jurisdiction when you file for custody. The right selection will prevent unnecessaryback and forth between the jurisdictions.

What’s more?

If you are filing for custody in the EU, the government already has a checklist ready for related cross-border issues. Review the guide to understand the rules and regulations of handling EU-UK family disputes.

In a Nutshell

Lastly, the implications of Brexit on family law are complex and often ambiguous. You need to consider the advantages of each jurisdiction and the rules of enforcement beforehand. Parents are advised to seek legal consultation before the proceedings begin. Having a detailed discussion on the subject can provide clarity about the situation.

Our international family solicitors can guide and support you throughout the process.  We also have an extensive legal network that oversees cross-border situations in the other state. Leveraging that network and our expertise, we can ensure that you choose the right pathway for custody.

Want to know more? Schedule a free consultation with our international team of family lawyers.

Are you planning to move goods from the EU to the UK?

The UK-EU trade deal might have relaxed the new trading relationship, but the movement is still affected post-Brexit.  For instance, border security has increased after the end of the transition period.

These days, Border Force officers are conducting additional security checks when an EU vehicle arrives. Officers have the right to seize vehicles and goods if they detect custom offences, security threats, or illicit activities. The new border control process makes it necessary for transport companies to become more cautious about cross border transportation.  

Ensure that your paperwork is in order and your drivers are aware of their rights.

Here is what you can do if your goods get seized:

When Does UKBA Seize Your Goods?

The UK Border Agency (UKBA) has the authority to seize transport companies and goods if they suspect any illegal activity. The seizure can also happen if your breach the UK-EU trade deal or fail to submit authorized documents during cross-border checks.

UKBA can seize your vehicle if you are transporting:

• Unlicensed tobacco or alcohol
• Illegal goods (i.e. firearms or banned products)
• Controlled drugs
• Goods with outstanding taxes and custom charges

Transport companies with outstanding penalties for ‘clandestine entrants’ can also get seized when you are passing the border.  Avoid lashing out at the customs officers or becoming aggressive when your goods get seized. It’s best to tackle the situation through legal channels.

Can You Get Back Your Seized Vehicle/Goods?

Trading companies and independent contractors have the right to apply for restoration. You can make this claim even if you agree that the goods were lawfully seized. The letter gets addressed to Border Force.

Your application must include:

• Your name and address, along with company details
• Proof of ownership (for the vehicle and goods you purchased/manufactured)
• Evidence to support your restoration request
• Seizure reference number mentioned in the notice sent by UKBA
• A detailed list of seized items (i.e. product names and quantity)

The authorities only consider restoration request s sent within 28 days of the seizure. You can do this if you suspect legality issues. You can also apply for compensation if your goods are destroyed/ disposed of before you submitted the application.

Moreover, you can also register a complaint against the customs officers who mistreated you during the seizure. The application can be addressed to Border Force (or HM Revenue and Customs), depending on the department supervising the proceedings.  Alternatively, you can file for a condemnation proceeding to claim an unlawful seizure. The UK court will conduct these proceedings.

How Can We Help?

Our experienced solicitors can offer practical legal advice and actionable solutions to address this matter. We can help you submit restoration request for seized goods and also negotiate a deal with UKBA.

Here are other services we offer:

• Offering clear and concise advise on UK-EU trade deal and regulations
• Drafting relevant legal applications and requests to initiate the restoration procedure
• Challenging the legality of seizure in the court
• Providing legal representation during negotiations with Border Force and the court
• Requesting a compensation for transport businesses that dealt with financial consequences after UKBA seized the shipment

Rest assured we will do everything we can to safeguard your rights. You can also come to us for legal advice in arranging the correct documents for cross-border transportation. 

The Bottom Line
If your transport company gets seized, don’t hesitate to seek legal support. We can apply for a restoration request and appeal for misconduct within the designated period. These steps can protect your business and mitigate financial risks.

Need some legal advice on UK-EU trade deal and regulations? Contact us to schedule a consultation.

Further Reading

• https://www.gov.uk/guidance/transporting-goods-between-great-britain-and-the-eu-guidance-for-hauliers-and-commercial-drivers
• https://www.gov.uk/customs-seizures

Have the UK-EU divorce rules changes after Brexit?

The start of January 2021, marked the end of the transition period. Like many areas of law, cross-border divorce regulations have altered significantly. Due to which, petitioners are requested to review the new rules before they choose a jurisdiction. The primary goal here is to handle everything properly, ensuring that your paperwork complies with post-Brexit regulations.

Here are the implications of Brexit on cross-border divorces:

Choosing the Jurisdiction

When filing for a divorce in England or Wales, one or both partner need British citizenship, habitual residency or domicile status. Otherwise, your divorce petition gets rejected.

UK-EU divorces are no longer reciprocal or mutual. With the cancellation of Brussels II regulations, the UK government will start following The Hague Convention (1970).  The procedure though simpler, makes things slightly more challenging for cross-border divorces. That is because the UK might not accept some EU-based verdicts and vice versa.

How to Choose a Jurisdiction?

You can settle differences through methodical mediation or go to the court.

If you go to court, decide where and how the proceedings will take place.Weigh the pros and cons of each legal regulation and its impact on personal and financial wellbeing.

Here are key factors to consider: 

• Understand the family law regulations of each country and how each state recognises and enforces international divorces.
• The distribution of cross-border financial assets
• The benefits of specific jurisdictions on the weaker party
• How do these laws impact child arrangement and custodial rights?

In short, select the option that creates more advantages for you in the long run.

Understanding the Timeframe

The Withdrawal Agreement accepts Brussels II provisions if your divorce proceedings begun before Jan 2021.  The UK courts will recognise EU-based judgements for these cases.

Alternatively, divorce cases initiated after Jan 2021 will use the new jurisdiction. These proceedings will adhere to a combination of rules and regulations. They include the amended the Domicile and Matrimonial Proceedings Act 1973, by the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations. Other rules are taken from The Hague Convention. The only trouble is that only a handful of EU members agree to The Hague Convention. That means you might have to undertake additional steps to get your divorce recognised in EU, depending on your location.

Moreover, the UK government has the right to halt proceedings if your divorce proceedings are going on in both EU and English  courtrooms.

Final Words

Lastly, anyone dealing with a UK-EU divorce must consult a specialist for legal support. Our law firm can tactfully handle the emerging challenges of cross-border divorces. Consultation includes paperwork, submissions, and a sound understanding of The Hague Convention and Brussels II.  We can also give you an in-depth overview of the implications of Brexit on family law. Having this knowledge can safeguard your rights and protect your financial assets.

Do you need help? Contact us today to schedule an initial appointment.

Do you remember our previous discussion on the introduction of the EU Settlement Scheme for EEA nationals last year?

As the deadline comes closer, you must make haste and apply for a pre-settled or settled status. Your EEA family members can do the same.

If you are a non-EEA citizen, you can opt for the EU Settlement Scheme (EUSS) Family Permit. The simple pathways can be your ticket to the UK if you act quickly.This article discusses therules and regulations for this immigration scheme in detail.

Here are a few things you must know:

The Basics: What is an EU Settlement Scheme Family Permit?

It’s animmigration scheme that supportsnon-EEA individuals who do not have a visa or British residency within the UK. Once approved, the EUSS Family Permit allows the holder to visit the UK as many times as they want during a six-month-validity-period.

2. Application Rules and Regulations

Non-EEA citizens can apply for the EUSS Family Permit if they meet the criterion. The first rule limits eligibility to family members who have an EEA citizen residing or accompanying them on their trip to the UK.  Not only that, but the latter must also have a verified, pre-settled or settled status as per EUSS standards. In addition, that person must visit or live in the UK for at least six months.

The Home Office will deny applicants whose spouse (or guardian) does not have a EUSS number. Your application may be cancelled if the other person’s status is revoked or cancelled due to legal issues.

Besides this, you can qualify for the permit if you:

• Submit evidence of a civil partnership or a marriage contract to prove your relationship.
• You are dependent on the family or another person due to your age (i.e. children, grandchildren, parents, and grandparents).
• Dependent family members of the non-EEA spouse can also apply if they meet the prerequisite conditions.

These conditions are only valid for relationships formed before 31 December 2020. Thismeans that newly married partners (and family members by association) need to take an alternative immigration route if they wish to live in the UK. Like always, the rules and regulations vary depending on individual circumstances.

EUSS Family Permit for Dependents Aged 21 & Over

As explained in the previous section, dependents (younger or older family members)qualify for this permit. Children aged 21 or above must submit financial, medical, or other documents to verify their dependence. For instance, mentally impaired or disabled children can submit medical records as evidence.

What’s the Next Move?

Overall, the EUSS Family Permit simplifies travelling for non-EEA family members. All you need are the required documents and the right representation. We provide a full range of family immigration law services for families separated due to cross-border elements.

Our legal support team will assist you indrafting applications and provide expert guidance on what you can and can’t do.

Are you planning to apply for the EUSS Family Permit? Get in touch to schedule a free consultation.

At the end of the transition period, only four out of twenty-seven EU member states have accepted UK’s suggestion to use the UNCITRAL Model Law. The law streamlines the legal process and establishes clear-cut rules surrounding the recognition and enforcement of cross-border insolvency laws.

EU members that agreed to this model include Greece, Romania, Poland, and Slovenia.

Here is a closer look at what this entails:

The Basics: What Is the UNCITRAL Model Law?

The United Nations Commission on International Trade Law (UNCITRAL) was introduced by the UN to ‘harmonise and unify’ international trade laws.

The commission designed the Model Law to secure an equal and fair distribution of an insolvent’s offshore assets during cross-border insolvency cases. In these situations, the assets

are dispersed across jurisdictions, making it challenging for local courts to pass a verdict based solely on their judicial system.

The Model Law outlines rules and regulations for the countries in question. These rules include:

• The governing cooperation during insolvency proceedings
• Provision of assistance received by insolvency officeholders from the other country
• Coordination of multiple jurisdictions during parallel insolvency proceedings

EU member states that agree to implement the Model Law during cross-border insolvency post-Brexit can alter or omit legal provisions. This right provides them flexibility, making it easier for them to modify the Model Law according to specific requirements and their country’s unique circumstances.

Compared to EC Regulations, the Model Law can be more versatile and flexible. It’s not mandatory and it does not transfer automatic recognition during UK/EU enforcements for court judgements and orders.

Implications of the Model: Cross-Border Insolvency Post Brexit

The Model Law simplifies the confusion surrounding UK-EU insolvency proceedings that shall take this year. It offers effective and practical mechanisms that accelerate the process.  Members of EU states that have agreed to use the UNCITRAL Model can practice it when they find an insolvent with UK assets. When that happens, foreign officeholders can apply an application to the UK court. The appeal includes a request for assistance.

The UK accepts the request after reviewing the request to consider the insolvents primary interests and circumstance. 

What Happens Next?

If the UK court recognises foreign insolvency proceedings as the main proceeding, the English common court shall initiate a civil proceeding against the debtor. Foreign officeholders receive legal permission to practice insolvency laws in court. They also have the authority to manage and distribute acquired UK-based assets.

A similar process occurs in EU states that have accepted the UNCITRAL Model Law as a substitute for EC Regulations to resolve cross-border insolvency issues post-Brexit.

The Bottom Line

Overall, the UNCITRAL Model offers clarity and control to foreign officeholders who agree with its enforcement for cross-border insolvency proceedings.  The model provides the UK court and its foreign counterpart with a framework to follow and implement during these situations. Without it, recovering outstanding credit by debtors would have been more complicated.

Need some help? Our international solicitors can answer all your questions regarding cross-border insolvency post-Brexit. Contact us today to schedule a free appointment.

Are you signing a contract with an EU party? Does your company already have tied with EU businesses?

Either way, you must consider the implications of Brexit on enforcement of the judgement in cross-border disputes beforehand.  After the end of the transition period, the UK-EU cases are not governed by the same rules. The withdrawal agreement remains uncertain on how and in what ways contractual parties will deal with disputes.

Therefore, it will be wise to add an exclusive jurisdiction clause within the contract to mitigate risks. The law you choose can resolve contractual conflicts more smoothly and efficiently.

Here is why this is important:

Understanding the Enforcement of Judgements in Cross-Border Disputes Post-Brexit

The Background 

Pre-Brexit, cross-border disputes were judged according to the Brussels I Recast Regulation and Lugano Convention. These laws are not applicable anymore because they require a mutual agreement between both states. Without a governing law, the enforcement of judgements falls under domestic rules. That means the contracting parties can issue proceedings in either the UK or an EU state. They can even file a lawsuit in both jurisdictions simultaneously.

That might cause complications since the UK and EU are no longer obliged to comply with a singular ruling. Contradictory verdicts can cost petitioners a hefty price and lengthy proceedings.

Post-Brexit Alternatives: What Does the UK Plan to Do?

The British government wants to become a member of the Lugano Convention independently. That will mean that cross-border cases can get ruled according to the convention, which would mitigate uncertainties. The only trouble is that the EU government has yet to permit membership.

Nevertheless, the UK does have a membership to The Hague Convention. According to its rules, parallel proceedings cannot occur if the contract grants exclusive jurisdiction agreement to one of the two states.

As a result, contracting parties can weigh the benefits and disadvantages of corporate laws concerning disputes. Then use these details to add an exclusive jurisdiction clause depending on the state that benefits them. For instance, selecting the English common law increases the calibre of judgement for British-based companies. The legal proceedings will be held in a familiar language, and its outcomes are more predictable.

The right attorney can guide you through the process. We can help you select a jurisdiction that is more likely to rule in your favour, if a dispute occurs.

In a Nutshell

At present, we are dealing with a ‘no-deal’ situation regarding all UK-EU cross-border civil disputes that were filed in 2021. Both countries have yet to agree on using the Lugano Convention as the governing law in this scenario. It can be advantageous for contracting parties to choose an exclusive English jurisdiction clause in their agreements.  Having this clause from the start can prevent uncertainties surrounding enforcement of judgements and costly delays.

Do you need help? Consult our international corporate lawyers to draft compliant contracts and tackle civil law cases. 

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:  

Jurisdiction 

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. 

Parting Words 

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.