Family Law & Brexit: Any progress?

The UK Parliament continues to debate the EU Withdrawal Bill, which will introduce EU law (including all relevant family law provisions) into domestic legislation at the moment the country leaves in 2019. Although details remain vague at this stage about how this will happen, the Government has indicated that it wishes to maintain a “deep […]

Brexit – An International Divorce?

The triggering of article 50 by the UK (whereby Britain will leave the EU) is going to lead to chaos in international divorce cases. At the moment, there is automatic recognition of divorce and custody orders, certainty in terms of jurisdiction and EU wide enforcement of maintenance orders. In the absence of new conventions / […]

Brexit – what does this mean for international divorces?

No-one knows for certain what will happen in international divorce cases when the UK leaves the EU – Theresa May has suggested in the last few days that all EU laws will be incorporated into UK domestic legislation but this is unlikely to benefit UK citizens in international divorce cases unless there are reciprocal rights, […]

Expat Divorce

A recent case involving a British Expat and an Ethiopian national has underlined the risks of dealing with an international case without having expert support. The British husband who was based in Indonesia issued divorce proceedings in England on the basis of his sole domicile, (presumably) believing that this would be straightforward and not expose […]

Property rights and international divorce

The recent Anglo-French case of Y v Y highlights the importance of seeking legal advice before moving countries – particularly from a country where a marriage contract is determinative. The English Court continues to grapple with the extent to which such marriage contracts should be binding on it. Whilst it seems clear that the Court […]