Family Law without the EU

The EU Withdrawal Agreement (WA) sets out the terms of the United Kingdom’s (UK) exit from the European Union (EU). This document is extremely important for the future of family law and family law practitioners as the UK’s exit from the EU nears.

A book is scheduled to be published this month by LEXIS-NEXIS titled, ‘Family Law Firm the EU: a summary guide for practitioners’ to help provide guidance on family law. The 2019 Withdrawal Agreement outlined that legal proceedings in the UK or EU before the end of 2020 will be enforceable. This means all divorces, children or maintenance orders before 1st January 2021 must be recognized as a result, fewer hearings should be expedited before 31st December 2020.

The EU guidance provided in January 2019 has now been withdrawn.

The EU provided guidance to The Law Society Brussels office on September 4th, 2020 highlighting relevant parts of the WA for family law. The EU guidance makes clear the recognition and enforcement under the EU laws can continue in 2021 and thereafter.

The UK government continues to work to put in place alternative measures and appropriate arrangements between Ireland and the UK. There are a number of issues the UK government is yet to address. A main family law concern is, EU citizens who previously had the right to travel freely with foreign spouses, civil partners or children will now be subjected to ordinary British immigration law. As of March 29th, the Immigration Bill will apply to Britons living in the EU and they will be subjected to a means test to bring a spouse into the UK.

As of December 31st, 2020, when the transition period ends EU law will no longer apply to legal proceedings involving the UK. Fall back solutions have been provided in some areas of UK law however, there is not sufficient solutions to provide the same level of precision provided by EU law.

The further the UK departs from the current EU laws the more uncertainty there will be surrounding family law and jurisdiction, recognition and enforcement in the areas of divorce, finances and issues affecting children. At present the long-term Family Law implications of the UK’s departure from the EU remains unclear for both practitioners and parties.


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