Brexit & Family Law

 

Brexit has been a challenging and ongoing process that finally saw some sort of finality with the agreement of a deal with the European Union at the end of 2020. Although it has been mentioned in various articles and news sources that aspects of everyday life and other parts of life will change as a result of Brexit, there are implications in regards to Britain leaving the EU that affect family law. If you have concerns about family law because of Brexit or have questions about the way in which Brexit will and may affect family law – it’s highly recommended to get in touch with an expert family law solicitor. 

 

We have assisted our clients and are experts in family law in Cardiff. We are more than happy to discuss your case with you should you live in Cardiff and the surrounding areas and our expert team can help and support you during this understandably difficult time. You can get in touch via telephone or email and can also use an online contact form on our website should you prefer this.

 

This article discusses the impact, changes and potential effects of Brexit on family law. From getting divorced with partners from EU member states or other issues – it’s highly recommended to seek legal advice regarding these matters.

 

Major Changes to Family Law Resulting From Brexit

 

Family law has been affected in a huge way now that we have left the European Union. The major area in which issues may arise is jurisdiction as to where a divorce should take place should a divorce happen between citizens of different countries within the EU & the UK as well as where divorces took place. There is likely to be disputes and court arguments to determine which country holds jurisdiction as to where the divorce should take place and this will then result in different laws being utilised in comparison to the UK should the divorce take place overseas. Regarding current divorce cases, the government has released the following information:

 

“Under the terms of the Withdrawal Agreement, divorce proceedings ongoing in England and Wales at the end of the transition period will continue under the current law and rules of Council Regulation 2201/2003 (Brussels IIa) to determine jurisdiction.”

 

We therefore highly recommend to proceed should this be possible sooner rather than later due to the fact that rules will change. Should you have not been aware of these changes then we highly recommend that you seek the relevant legal advice.

 

Other arrangements such as maintenance payments must be recognised in another EU state should the arrangements be made in the UK before it can be enforced there. Again we highly recommend that you speak to a solicitor should you be concerned about this.

 

What Happens if a Spouse Leaves to Enter an EU State?

 

This can be a highly difficult and stressful situation, in which legal representation is definitely recommended. Under the 1996 Hague Convention, court hearing public law care proceedings for placement of children will normally be the court of the country of the child’s habitual residence. Should a spouse flee the country with children, this is a legal abduction (wrongful removal and wrongful retention.) 

 

Those who have had a child abducted out of Wales should contact the International Child Abduction and Contact Unit for information on action to take. If you are worried about a potential abduction, contact the charity reunite International Child Abduction Centre for advice and information. If you believe that your child is being wrongfully removed from the UK or is in the process of being removed – head to the nearest police station and ask for a warning list action.

 

Brexit has caused certain changes to family law – especially in terms of how family law rulings in the UK exist in other countries, therefore, you should seek legal advice should you be concerned about changes to family law due to the UK leaving the EU.

 

We have assisted our clients and are experts in family law in Cardiff. We are more than happy to discuss your case with you should you live in Cardiff and the surrounding areas and our expert team can help and support you during this understandably difficult time. You can get in touch via telephone or email and can also use an online contact form on our website should you prefer this.

 

What Does Brexit Mean for Family Law

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