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No-deal Brexit guidance: Practical recommendations for family law

Last updated: 22 March 2019

The Law Society and Resolution have published a joint note for family law solicitors in the event that the UK leaves the EU without having reached an agreement with the EU.

These recommendations follow discussions with Sir Andrew McFarlane, president of the Family Division of the High Court.

Although developments are ongoing, we hope that this note will provide some clear guidance on the practical steps family law solicitors may wish to take to plan their cases appropriately.

This guidance does not constitute legal advice, and practitioners may wish to take local advice where applicable.

This joint note addresses issues around:

  • divorce forum
  • divorce jurisdiction
  • recognition of UK divorces in EU member states
  • maintenance orders before exit day
  • financial applications proceeding on sole domicile jurisdiction
  • pension sharing after a foreign pension sharing order or agreement, and
  • children.

This note supplements the Law Society's previous no-deal guidance on family law.

Further developments have led to an updated joint note for family law solicitors to be published by the Law Society and Resolution. This is to support solicitors in the event that the UK leaves the EU without having reached an agreement.

Despite parliament's vote to reject a no-deal Brexit and the government approaching the EU to extend Article 50, it is still a possibility that the UK leaves the EU without having reached an agreement by exit day.

The updated guidance takes into account the Jurisdiction and Judgments (Family) (Amendments etc) (EU exit) Regulation 2019.

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