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Effects of Brexit on Family Law

Posted on 11th January, 2017

There have always been concerns within the legal profession that Brexit will have a negative impact on family law issues such as divorce and other proceedings. This concern has recently been voiced again by the legal sector at the Justice Committee’s inquiry on the implications of Brexit on the justice system.

Resolution member, Daniel Eames gave his opinion on this matter:

“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.”

Worryingly, there is a great deal of truth in this statement and this could affect a person’s decision in relation to proceeding with their divorce or staying married yet separated. Going through a divorce can be a traumatic and expensive experience in itself without the added pressure of a higher fee and worry over a more difficult process.

The best we can hope for is that the government will negotiate new agreements with the EU to prevent Brexit having such a detrimental effect on international families living in UK, family courts and family lawyers who practice under EU regulations. Jacksons offer advice which covers all aspects of family work including divorce and financial matters. If you need advice or assistance with the same then please do not hesitate to contact Louisa Bestford on 0191 2069617 or Emma Canham on 0191 2069621.

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