The European family in crisis: the consequences of Brexit on English family law

Nicholas Bennett Partner Farrer & Co

The metaphor of Brexit as 'divorce' has become a cliché since the referendum result. To this commentator's eye at least it betrays a misunderstanding of the UK's relationship with the EU. Divorce requires a marriage. Marriage requires a loving relationship (or so at least we hope). The British have loved Europe but never the EU. Apart from a small number of true believers we have always had a transactional approach to the project: we joined late in a time of post-imperial decline on the ground that it would bring greater national political influence and a restoration of our own economic health. Political integration was agreed with much reluctance and controversy as a price for better trade. The lack of any emotional connection to 'ever closer union' might explain the Remain campaign's tactics and their failure.

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