Brexit and national family law

David Hodson OBE sets out some preliminary reflections on the impact on domestic national family law of the UK voting to leave the EU. 

In my article ‘Brexit and international family law’ I examined the impact of the decision by the UK to leave the EU on family law with specific reference to international families and EU laws with cross-border impact.

It might be thought that as it is EU law it would be irrelevant for entirely national families and domestic family law. Not so. Because the EU has had a policy of imposing laws to apply in Member States for their own nationals and their own law even if no cross-border element there are family laws in England and Wales which are exclusively or largely EU law. Certainly not as many or as widespread as those affecting international families but certainly EU laws affect all national domestic family law solicitors barristers and judges and those involved in family court proceedings.

Whereas domestic laws pass through the UK Parliament EU laws apply automatically and directly in Member States without...

Read the full article here.