Brexit Implications on Divorce Procedures

A lot of changes have taken place as a result of Brexit. Many legal processes such as divorce and child adoption have undergone various modifications. The family law legal system has had to make several adjustments post-Brexit. Here are a few implications of Brexit on divorce procedures.

1. Brexit Effect on Ongoing Divorce Cases

Any divorce case that started before the Brexit transition period (31st December 2020) can continue in its country of origin. The country needs to be an EU member state. Such cases will be governed by the withdrawal agreement. The country that has jurisdiction for divorce is dependent on whoever filed for divorce first.

2. Divorce after Brexit

After the Brexit transition period is over, divorce cases that had not yet started will have to adhere to new rules. The country where the divorce was first filed will no longer have jurisdiction over the case.

Furthermore, there will be no first-in-line rule between EU member states and the UK. Divorce case proceedings will now be held at the most convenient place. This means that you will hold your court cases in the most suitable country, regardless of whether you filed for divorce first.

3. Time

There is a projection that post-Brexit divorce cases are going to be longer than earlier on. New regulations notwithstanding, divorce cases will take a while to be finalized.

4. Recognition of Divorce

Divorce granted before the Brexit transition period is recognized by all EU member states. Likewise, couples are advised to get a Certificate of Recognition if they intend to live or work in any EU country. However, if your divorce cases commence after January 2021, some EU member Countries may not recognize your divorce.

Fortunately, some countries may still recognize your divorce even after the transition period.EU member states that signed the 1970 Hague Convection on the Recognition of Divorces and Legal Separations will recognize your divorce.

5. Validity of Prenuptial Agreements and Choice of Court

Up until the end of the Brexit transition period, both the UK and the EU respected these agreements. You also had a choice of court option, meaning you could choose the country where your divorce case would be handled. However, after the Brexit transition period, EU countries may not recognize such a choice of court agreements regardless of whether you signed them before the transition period or after.

If you are in a situation where you unsure about the details of your divorce case, contact us right away.