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Brexit fuels uncertainty over international divorces

Although it is over six months since the EU referendum result, we still don’t know for certain how international divorce cases could be affected when the UK leaves the EU.
 
The government has indicated that EU laws will be incorporated into UK domestic legislation. However, this is unlikely to benefit UK citizens in international divorce cases unless reciprocal rights are in place.

Several EU regulations and international conventions may no longer apply to divorce cases in England and Wales; these may have to be re-negotiated, leaving uncertainty in the meantime.

Couples who might be affected by future changes in international divorce regulations might wish to bear the following issues in mind:

  • Couples considering divorce should be encouraged to take advice at the earliest opportunity, to identify any jurisdictional issues.
  • Currently a divorce obtained in an EU state (other than Denmark) is recognised throughout the EU. If current EU regulation ceases to apply to the UK, recognition of an English (or Welsh) divorce will be a question of national law.
  • If one party obtains an English maintenance (periodical payments) order against their partner/ former partner and the payer lives in another country within the EU, this may not be enforceable under new regulations.
  • The same issue could apply to orders affecting property located in another EU state.
  • British expats or foreign nationals living in the EU may also have difficulties in enforcing foreign maintenance or property orders in England once the UK is no longer a member of the EU.

    Anyone considering child arrangements across the EU should seek expert legal advice at the earliest opportunity,  to identify any jurisdictional or recognition issues.

For expert advice on all aspects of divorce or separation, please contact our Family teams in Halifax, Huddersfield or Brighouse