Helen Bishop, Consultant Solicitor

Brexit Alert

Boardman, Hawkins & Osborne LLP

Are you are in the process of contemplating a divorce?  Have you issued a divorce petition, and in negotiations over your matrimonial finances and/or the arrangements for your children?

If you are, you need to consider whether there is any European link, whether that be your nationality status and/or any financial or beneficial interests within the European Union. If you have any such links or interests you need to consider whether to issue proceedings as a precautionary step before the 31st December 2020.

This is important to ensure that any orders obtained after the 1st January will be enforceable within the EU from 2021.

If such a precautionary step is required, it should be made clear to all parties that this is not an aggressive or hostile step, but is being done to comply with the Withdrawal Agreement.

The changes will apply to children matters also. Currently European Law continues to apply but this will change for new cases after 31st December 2020. Consideration therefore should be given to any potential Children Act matters to establish whether proceedings should be issued before 1st January 2021 to ensure that current rules apply in respect of jurisdiction, recognition and enforcement of any orders.

If you have any concerns or require advice as to whether you need to take any immediate action please contact us as soon as possible so we can assist.

Helen Bishop, Constant Solicitor Irena Osborne, Partner

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