Brexit and family law disputes
Preparations for leaving the EU in relation to Family Law.
The Ministry of Justice has published guidance, applicable from next year 1 January 2021, in respect to family law disputes.
The guidance seeks to cover cases of:
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Divorce
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Maintenance
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International parental child abduction
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Children cases (parental responsibility)
- Placement of children
Currently, judgments on divorce are generally recognised in other member states without any special procedure. For same sex divorce and civil partnership dissolution, legislation in the UK provides jurisdiction rules which broadly replicate the rules in the EU.
After the end of the transition period, the family court in England and Wales will recognise divorces granted in EU member states in which proceedings started after the end of the transition period in the same way as they currently do for orders from non-EU countries.