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LexisNexis, 09 NOV 2018

Law Society publishes no-deal Brexit guidance on family law

Law Society publishes no-deal Brexit guidance on family law

The Law Society has published guidance for solicitors highlighting the changes in civil and commercial co-operation that will occur in the event the UK leaves the EU on 29 March 2019 without a Withdrawal Agreement and transitional arrangements in place, and the steps solicitors should consider in order to prepare their practice for this scenario.

The Law Society's guidance on family law reminds practitioners that in the event of a no-deal Brexit the EU Treaties will cease to apply with immediate effect, the UK will leave the EU's institutional structures, co-operation between the UK and EU will end, and the applicable legal regimes in many practice areas will change, with potentially unknown effects and implications for ongoing proceedings.

The guidance outlines the current legal position against the no-deal Brexit scenario, highlighting a range of associated issues for family law solicitors, including the loss of key legislation such as:

  • Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis Regulation)

  • Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (Maintenance Regulation)

  • Lugano Convention

  • 2007 Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance and the Protocol on the Law Applicable to Maintenance Obligations

The guidance provides a checklist of key points for family solicitors to consider, with links to further guidance including relevant EU and UK technical notices on civil justice.

The guidance is part of a series published in the Law Society's collection on Brexit and the legal sector.

Source: Law Society No-deal Brexit guidance: Family  law

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