Recognition of UK divorces after Brexit in EU states
The UK’s departure from the EU has brought a number of concerns around aspects of family law. One such concern is the potential for “limping marriages.” This term references marriages that are recognised in one jurisdiction but not in another.
Divorces, legal separations and marriage annulments within the EU are currently automatically recognised across member states under a 2005 EU regulation. Post-Brexit, domestic legislation is required to ensure the recognition of UK divorces.
Helen McEntee, minister for justice and equality in Ireland, has secured approval to bring forward the legislation.
She was also quoted in this Irish Legal News article as saying: “I am conscious that in the absence of an agreement to the contrary, EU law will no longer apply to legal proceedings involving the UK once the Brexit transition period comes to an end. Among the areas affected are family law matters”.
“What we are doing is bringing forward new legislative provisions in similar terms to Part 3 of the Family Law Act 2019, which provided for recognition of UK divorces in the event of a disorderly withdrawal of the UK from the EU.”