What is the purpose of the joint note?
The joint Resolution and Law Society note has been issued in the context of the Brexit negotiations, within which the current uncertainty means that a no-deal outcome is possible and even likely.
The note highlights that family lawyers must be able to plan for their clients and their cases, and makes recommendations in the context of no-deal only, with the proviso that if there is an EU deal the authors’ view is it is ‘virtually certain’ that EU laws would continue throughout any transition, so the note would not apply as at 29 March 2019 (exit day).
The note has been issued on the basis that it is not legal advice, opinion or guidance, nor does it represent policy, and that practitioners should consider the relevant international laws and national statutory instruments and, where applicable, take local advice in other relevant jurisdictions.
The note sets out the statutory instruments (SIs) issued by the government in a schedule. In relation to jurisdiction, the note applies only to England and Wales on the basis that while it is believed that Northern Ireland will be the same or similar, practitioners are advised to make separate inquiries, and that Scotland is specifically considering separate arrangements.