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Divorce jurisdiction after Brexit

Date:7 MAR 2017
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David Hodson Eleri Jones and Lisette Dupré as part of an EU Law Working Group

Most of the discussions of the impact of leaving the EU on family law affects those lawyers undertaking cases with an international element. However there is one fundamental piece of EU family law which affects most domestic family lawyers and domestic family law cases. It is the law relating to the jurisdiction for divorce proceedings. Perhaps forgotten by many family lawyers it is found in EU law specifically the Brussels Regulation known as Brussels IIa.

Even though in the vast majority of cases the default position of joint habitual residence is used nevertheless it is based on EU law. When the UK leaves the EU new law will be needed. What should it be? On what basis should couples be able to engage the jurisdiction of the UK courts in order to divorce (and linked with that for now are their financial applications).

This has been discussed by a small group of lawyers with significant international practices who have been meeting two...

Read the full article here.