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Domestic violence after Brexit

This guide forms part of our series of guidance on private family law after Brexit.

You should read this alongside our guidance on public children law.

The EU Civil Protection Regulation provides that any domestic protection order made in any EU member state will be automatically recognised and enforced throughout the EU.

EU domestic protection orders

The UK indicated at an early stage in the EU negotiations that, despite Brexit, it would continue to recognise EU domestic protection orders for the benefit of the victims of domestic violence.

In this area alone in the family law context, the EU law has been placed into national law, with necessary modifications, so that from 2021, any EU domestic protection order will be automatically recognised and enforceable in the UK.

There was no change in England and Wales on 31 December 2020.

UK domestic protection orders

The EU has not made reciprocal arrangements.

This means that for any UK domestic protection order made in 2021 or onwards, it needs to be followed up by a separate procedure in the EU national courts for recognition and enforcement.

UK outgoing orders made and obtained, with the appropriate EU certificate signed by the court making it, on or before 31 December 2020 will be automatically recognised and enforceable around the EU.

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