Brexit, What does it mean for Divorce and Family Law

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In June 2016 the British public voted for the United Kingdom to leave the EU. Everyone knows the main arguments put forward for and against leaving the EU, such as immigration and funds paid to the EU for membership but no one really knows what the impact of leaving would be, and we still don’t.

Here is a brief look at the potential impact Brexit could have on divorce and family law, again there is no certainty as it is not known what the terms of Brexit are and whether any of the potential changes will take effect.

1. At the present a divorce in the England and Wales is automatically recognised in all EU counties, with the exception of Denmark. In the future the English and Wales Courts will have to decide whether it or another EU Court is the most appropriate place for the Divorce to take place.

2. There are potentially huge implications for family law. In 2015 nearly a third of children were born to a foreign mothers and there are approximately 1.2 million UK citizens living in the EU.

3. Costs to litigants could become expensive as orders in England and Wales may not be recognised by EU countries and you could have decisions made in two places which are conflicting.

4. There may no longer be recognition from EU countries when proceedings are issued in England and Wales first and therefore this will not prevent proceedings elsewhere.

Family law was subject to its most significant change for a generation only a short time ago and it potentially is now in line for another as the majority have only ever known the current EU system.

To discuss how Brexit may affect your divorce or child arrangements then please contact John or Andrew on 01902 429 051.

R N Williams & Co.
53 Waterloo Road,
Wolverhampton,
WV1 4QQ
Tel: 01902 429 051
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