{"id":809,"date":"2017-11-16T14:19:03","date_gmt":"2017-11-16T14:19:03","guid":{"rendered":"http:\/\/www.just-family-law.com\/blog\/?p=809"},"modified":"2020-05-12T14:14:52","modified_gmt":"2020-05-12T14:14:52","slug":"brexit-and-family-law-divorce","status":"publish","type":"post","link":"https:\/\/www.just-family-law.com\/blog\/index.php\/2017\/11\/16\/brexit-and-family-law-divorce\/","title":{"rendered":"Brexit, Family Law And Divorce"},"content":{"rendered":"

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See February 2019 update,\u00a0What Does Brexit No Deal Mean For Family Law<\/em>\u00a0<\/a><\/h2>\n

Brexit will affect international<\/a> families involved in family law disputes.<\/p>\n

Are you part of an international family?<\/pre>\n
Let’s use the example of Sarah and Pierre. She was born in England, he in France. They married ten years ago and have two children<\/a>, both of whom were born in France. The marriage has broken down and Sarah has returned to England and, with Pierre’s agreement, she has brought the children with her.<\/p>\n
You are part of an international family\u00a0if\u00a0you live in the UK but were \r\nborn in another EU country.\u00a0Or if you were born\u00a0in the UK\u00a0but move to \r\nanother EU country. Or perhaps your ex was born in another EU country \r\nor moves to another EU country.<\/pre>\n
Brexit And Family Law: What Is The Significance?<\/strong><\/h3>\n
Many of the important steps in Sarah and Pierre’s divorce\u00a0are determined by EU rules. For example EU rules ensure court decisions made in one EU country are recognised in other EU countries.<\/p>\n
Vital EU rules apply to divorces and family law in the UK.<\/pre>\n
Brexit And Family Law:\u00a0<\/strong>EU Rules Decide Where\u00a0To Start Court Cases<\/strong><\/h3>\n
The importance of these rules\u00a0cannot be\u00a0overstated. Otherwise there \r\ncan be family law cases in courts in two different countries at the \r\nsame time.<\/pre>\n
Sarah and Pierre\u00a0can’t\u00a0agree in which country to start their divorce. Pierre urgently needs an order setting out when\u00a0he\u00a0can see the children.\u00a0Sarah urgently needs a maintenance order.\u00a0She starts divorce proceedings in England, which means Pierre can’t ask the French courts to make decisions.\u00a0All the issues that concern them – the divorce proceedings, questions about the finances<\/a>, how much time the children are going to spend with Pierre – are decided in England. But the English orders are enforceable in France.<\/p>\n
Without EU rules,\u00a0Sarah\u00a0and\u00a0Pierre\u00a0could have proceedings going on in England and France at the same time leading to tremendous confusion, expense and delay.<\/p>\n
EU rules decide in which country you can start your divorce and \r\nobtain a financial order. Without these rules couples who can't \r\nagree\u00a0upon a country could\u00a0face lengthy and expensive court cases. \r\n\r\nEU rules\u00a0decide in which country you can start cases about your \r\nchildren, too. And these rules say it's where the children live.\u00a0\r\nWithout these rules there could be court proceedings about the \r\nchildren in two different countries at the same time.<\/pre>\n
Brexit And Family Law:\u00a0<\/strong>EU Rules Streamline Child Abduction Cases<\/strong><\/h3>\n
Do EU rules have anything to do with the Hague Convention’s role in child abduction<\/a>?\u00a0<\/strong>Yes, they are very significant. EU rules ensure a court in the child’s home country makes the final decision. This can\u00a0mean the difference between\u00a0a child\u00a0returning home\u00a0or not.<\/p>\n
So\u00a0if Pierre\u00a0doesn’t return the children from France after a contact visit, Sarah knows a court in England will review any decision made in a French court.<\/p>\n
EU rules will\u00a0soon\u00a0tighten up the Hague Convention by allowing the court to hear evidence from the child. EU rules will also impose a time limit of six weeks for the court to give its judgment.<\/p>\n
Children who have been abducted are likely to be traumatised. \r\nAny delays and\u00a0uncertainty in the procedure\u00a0are to be avoided.<\/pre>\n
Without EU rules child abduction\u00a0cases under the Hague Convention\u00a0would take much longer.\u00a0They wouldn’t\u00a0take into account the child’s wishes. Furthermore there wouldn’t be an automatic\u00a0review in our courts of\u00a0the decisions of other EU courts.<\/p>\n
Brexit And Family Law:\u00a0<\/strong>EU Rules Allow Enforcement Of Family Orders In Other EU Countries<\/strong><\/h3>\n
Sarah obtains a maintenance order against Pierre. Because of EU rules, this order can be enforced in the French courts. Pierre will have to pay Sarah maintenance even though she lives in England, and he lives in France.<\/p>\n
If you obtain a court order you need to know it will work in \r\nother EU countries. \r\n\r\nThese are orders concerning children, who sees them and where \r\nthey are to live, maintenance, financial orders, and domestic \r\nabuse. And in particular orders made by consent.<\/pre>\n
Sarah and Pierre are able to agree the matrimonial finances which means they have avoided the stress and expense of court proceedings. They have a “consent order” made in the English court setting out what they have agreed. Under EU rules this is enforceable in France.<\/p>\n
What Are The Options for Protecting International Families on Divorce After Brexit?<\/strong><\/h3>\n
The Government is\u00a0steering the European Union (Withdrawal) Bill \r\nthrough Parliament. This will bring all EU\u00a0family law rules onto \r\nour books. \r\n\r\nBut we will need new agreements to ensure EU family law rules\u00a0\r\nremain reciprocal with other European countries.<\/pre>\n
When the European Union (Withdrawal) Bill becomes law,\u00a0 we will\u00a0absorb all\u00a0EU family law rules into our system. This means we\u00a0will be bound by\u00a0them. So we need the\u00a0remaining EU countries to be bound by them as far as this country is concerned, too. But this isn\u2019t automatic because, of course, we will no longer be a member of the EU.<\/p>\n
If both this country and the remaining EU countries are bound \r\nby the same rules, they will be reciprocal. But there must be \r\nagreements to ensure reciprocity as we will no longer be part \r\nof the EU.<\/pre>\n
The Government will need to enter into fresh agreements with the remaining EU countries to ensure the rules are reciprocal. It is vital we use this opportunity to knit our family law system and the EU family law system together. Because this\u00a0will keep\u00a0it\u00a0fully functioning for international<\/a> families.<\/p>\n
But it is by no means guaranteed we will enter into these new agreements. The Government is concentrating on trade and other important agreements. Family law is, perhaps understandably, low on the agenda. But various family law organisations are lobbying Parliament about this important issue.<\/p>\n
The Family Law Bar Association, the International Academy of Family Lawyers, and the family law solicitors’ association, Resolution<\/a>, have published a paper<\/a>, Brexit and Family Law<\/em>. <\/em>This paper\u00a0sets out the options available to the Government, along\u00a0with their recommendation to retain full reciprocity.<\/p>\n
Why Parliament Needs To Enter Into Fresh Agreements For Brexit and Family Law Rules\u00a0<\/strong><\/h3>\n
What could go\u00a0wrong if there aren’t reciprocal agreements for Brexit and Family Law rules.<\/p>\n
Imagine a situation where\u00a0Sarah starts the divorce in England\u00a0and\u00a0shortly afterwards Pierre starts\u00a0the divorce in France. The French court would not recognise Sarah’s proceedings in England, or any of the orders made. But the English courts\u00a0would recognise the orders made in the French court. Both Sarah and Pierre would be involved in protracted and expensive court cases in both countries to sort out the resulting confusion.<\/p>\n
Without reciprocal agreements we would lose the straightforward\u00a0\r\nenforceability of\u00a0orders in EU countries concerning maintenance \r\nand children.\u00a0\r\n\r\nAnd the question of where to start your divorce case or your case \r\nabout the children\u00a0will be unnecessarily complicated.<\/pre>\n
What About\u00a0The Court of Justice of the European Union?<\/strong><\/h3>\n
The Court of Justice of the European Union has an important role \r\nin the updating and interpretation of EU family law rules. But \r\nthe Government wants to end all links with it.<\/pre>\n
What are the implications of merging EU family law rules with our laws, but ending our links with the Court of Justice? Changes in interpretation of these rules, and amendments\u00a0to these rules, will apply to all the remaining EU countries, but not to us.<\/p>\n
This will cause confusion for international families. Here again\u00a0\r\nSarah and Pierre\u00a0may become involved in lengthy and expensive court \r\ncases simply to decide fine points of legal interpretation.<\/pre>\n
Family law organisations\u00a0are proposing to Parliament<\/a> we maintain links with the Court of Justice of the European Union. This means we would be able to have our say in EU family law procedure and interpretation, and keep our laws and rules up to date. This would ensure continued fairness for international families in this country. It has\u00a0no implications for sovereignty.<\/p>\n
Should I crack on with my divorce or wait a bit?<\/strong><\/h3>\n
If\u00a0you are keen\u00a0to divorce<\/a> in a particular country for financial reasons you\u00a0should seek\u00a0legal advice\u00a0without delay<\/p>\n
I’m not sure what to do in the meantime. Can you help?<\/strong><\/h3>\n
Yes of course. Here at Just Family Law we’re closely monitoring the situation and are up to speed with all changes as they occur.<\/p>\n
Phone\u00a0Joanne Houston\u00a0on 01962 217640 for a free<\/a> 20 minute consultation on these important issues.<\/p>\n
JUST FAMILY LAW<\/em><\/a>\u00a0are specialist divorce and family law solicitors offering\u00a0<\/em>personalised legal solutions<\/em><\/a>.<\/em><\/p>\n
We offer\u00a0<\/em>collaborative law<\/em><\/a>\u00a0to provide you with solutions tailored to your family\u2019s needs \u2013 including same sex couples and families.<\/em><\/p>\n
Visit our website\u00a0<\/em>just-family-law.com<\/em><\/a><\/p>\n
The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.<\/p>\n
image credit: Happy Families by Catherine Scott on Wikimedia<\/a> (filter applied)<\/p>\n
 <\/p>\n","protected":false},"excerpt":{"rendered":"
  See February 2019 update,\u00a0What Does Brexit No Deal Mean For Family Law\u00a0 Brexit will affect international families involved in family law disputes. Are you part of an international family? Let’s use the example of Sarah and Pierre. She was born in England, he in France. They married ten years ago and have two children, […]<\/p>\n","protected":false},"author":2,"featured_media":899,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[19],"tags":[241,242,52,89],"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/posts\/809"}],"collection":[{"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/comments?post=809"}],"version-history":[{"count":102,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/posts\/809\/revisions"}],"predecessor-version":[{"id":3271,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/posts\/809\/revisions\/3271"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/media\/899"}],"wp:attachment":[{"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/media?parent=809"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/categories?post=809"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.just-family-law.com\/blog\/index.php\/wp-json\/wp\/v2\/tags?post=809"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}