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Brussels II, Brexit and beyond

Date:8 JUN 2018
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Brexit means Brexit. With 29 March 2019 looming ever nearer, the debate as to what this actually means continues to permeate almost every aspect of modern day life as Downing Street and Brussels negotiate the terms of the UK’s departure from the EU. Alex Curran's article in the June 2018 issue of Family Law ([2018] Fam Law 697) considers the potential impact of Brexit on modern family law practise containing a European element.

To begin, this piece assesses the law and regulations that currently govern jurisdiction on divorce for the 26 contracting states of Council Regulation 2201/2003 (Brussels II Revised (BIIR)) and what presently needs to be done to secure jurisdiction of the courts of England & Wales. The article then debates whether the UK’s departure from the EU will see a rise in forum conveniens arguments with the remaining contracting states of BIIR post-Brexit, and analyses the applicable principles. It debates whether Part III of the Matrimonial and Family Proceedings Act 1984 will become a weapon used increasingly following divorces in the remaining contracting states. It provides a summary as to the matters to bear in mind when pursuing Part III claims and hypothesises the future of matrimonial litigation on the European stage post-Brexit and beyond. 

The full version of this article appears in the June 2018 issue of Family Law

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