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EU laws continue until at least 2038 and beyond

Date:3 DEC 2020
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Family lawyer

The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply and be applied in the English family courts from 1 January 2021 onwards probably until 2038 and perhaps beyond.  This fact is not much known has not been widely publicised but is very relevant for those who wish to continue to rely on EU laws in their family affairs. 

EU laws as such no longer have any part of UK law from 11 PM on 31 December 2020.  But with any beginning and ending of international laws there are transitional provisions; arrangements for cases already decided and cases underway.  This is the Withdrawal Agreement 2019 with the force of law.

It provides that as long as proceedings have been instituted by 31 December 2020 EU laws will continue to apply to the orders subsequently made in those proceedings.  They will also continue to apply to orders already made by 31 December 2020.  These EU laws deal with divorce children and maintenance.  They specifically cover recognition and...

Read the full article here.