Law Articles

Brexit and Family Law 24/08/2016

On June 23 there was a referendum where the British public chose to remove the United Kingdom from the European Union and choose to annexe themselves from most of Europe.

So how will this affect Family Law?

Firstly, at Manor Law we abide under the jurisdiction of the law of England and Wales. Scotland and Northern Ireland have their own laws anyway, although Scottish political devolution is another whole debate entirely. Family Law has had to adapt with EU Law since the United Kingdom joined the Common Market back in 1973. Since then many Europeans have settled in the UK, often becoming British citizens and as such cross border disputes such as grounds for divorce or children disputes where the parents live in separate EU countries.

UK lawyers have had to take into account EU directives and many have seamlessly become UK law over the last forty three years.

We consider there to be little change in Family Law in the next few years. Firstly, the government will have to trigger Article 50, which will take at least two years to implement change. Any divorces that arise over the next two years will be on the same basis as they were before the referendum. Secondly, divorce was based on UK domestic law as opposed to EU Law. Apart from the question of which country a case may be heard in, the UK's membership of the EU did not significantly change how we dealt with Family Law in England and Wales.

It remains to be seen how the next few years will change. Should the transient downturn on stock markets and the pound become something more long term, then house prices, pensions and investments will all be affected. Naturally this would have an impact on financial remedies connected to divorce.

This is where we could well see the most dramatic change for family lawyers.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.

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Manor Law Ltd, trading as Manor Law Family Solicitors, is a registered company in England and Wales - number 7977350, and is authorised and regulated by the Solicitors Regulation Authority - Hertford office SRA number 567506 and City of London office SRA number 568637. Copyright © Manor Law, 2016. All rights reserved.
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