Family Law

Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December 2020 (IP completion day). 

The note written jointly with the Law Society relates to divorce, finance and domestic abuse cases and sets the transitional arrangements for cases ongoing as at IP completion day and the position from 1 January 2021. The note highlights that the central and most urgent issue for family practitioners is whether commencement of proceedings should take place in any particular case before 11 pm on IP completion day to ensure that Council Regulation (EC) No 2201/2003 (Brussels II bis or Brussels IIa) and Council Regulation (EC) No 4/2009 (the EU Maintenance Regulation) apply to ongoing proceedings and orders subsequently made arising out of those proceedings. The second note has been written with the Association of Lawyers for Children and identifies key points for children practitioners in England and Wales to consider before IP completion day and from 1 January 2021, in relation to cases already underway as well as longer-term practical points in cross-border children cases.