Brexit - implications for divorce

We have made the point in previous newsletters that the departure from the EU will take many years to conclude and the practical and legal implications will be far reaching.

We have made the point in previous newsletters that the departure from the EU will take many years to conclude and the practical and legal implications will be far reaching. We do not propose commenting on changes that are as yet unknown unless they are from influential people and / or likely to impact on clients now.

The first of these occasional reports relates the effect of Brexit on divorce.

The Parliamentary Justice Committee was appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and associated public bodies. It is one of the 19 Select Committees related to Government Departments.

Some influential lawyers associated with family law matters recently gave evidence to the Justice Committee. During this evidence a surprising and interesting statistic was revealed - that in 2015, some 27.5% of children born in England and Wales are born to a foreign mother.

A key battle ground for the Brexit negotiations will be the extent to which the rights of EU nationals living in the UK are guaranteed. On the other side of the same coin, what rights British expat families who are living in the EU will be of convern to many.

Those giving evidence to the Justice Committee pointed out that:

'Brexit is going to have a huge effect on family law, especially for those families whose parents are of different EU nationalities.

At the moment, a divorce granted in England (and Wales) is automatically recognised everywhere in the EU (except Denmark). If the EU divorce regulation, known as Brussels IIa, no longer applies then the English Court will have to decide whether it, or a competing EU jurisdiction, is the most appropriate forum.

This will be expensive and complex for the litigant and it also means that there is no guarantee that the English order will be recognised in the other EU state. There could also be cases where there are conflicting decisions.'

(Daniel Eames, Chair of Resolution's International Committee)

The withdrawal of public funding (legal aid) for most divorce cases in recent years means that many people seeking divorce will do it without the involvement of a lawyer. However as can be seen from the comments above, if you are going to be affected by these issues, you may wish to consider employing a divorce specialist to help you thorough what might be a complex and stressful process.

To discuss this or any other family related issue, contact us.