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UK/EU family law from 1 January 2021: an update
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- The UK will not be a party to any EU family laws after December 2020 whether a bespoke family law agreement or any other UK/EU arrangement
- Brussels II and Maintenance Regulation will then come to an end
- The replacement substitute will be UK national law or international laws such as Hague Conventions
- Only remaining uncertainties concern EU wide divorce recognition under the 1970 Hague Convention and maintenance orders under the Lugano Convention
- There is no change until the end of December 2020 in existing law or procedures
In my note of 31 January 2020 I set out the position which will apply throughout 2020 and went on to describe what was anticipated by way of possible negotiations with the EU to lead perhaps to some sort of bespoke agreement implemented before the end of 2020 and take effect from 2021. That note can be found here.
The position for 2020 remains the same as set out in that note.
However our expectation in late January 2020 of what might happen in preparation for January 2021 onwards has changed significantly. It...
Read the full article here.