Brexit Briefing: End of the transition period

Resolution has worked with The Law Society on a note to assist family lawyers in England and Wales ahead of the end of the Brexit transition period in relation to divorce and finance cases, and domestic abuse cases. We have also worked with the Association of Lawyers for Children on a note for children practitioners.

We’d like to thank David Hodson, Daniel Eames, Eleri Jones, Nina Hansen, Amy Rowe, Maria Wright and Michael Wells-Greco for offering their invaluable expertise to produce these notes.

Divorce, finances and domestic abuse cases   Children cases

HMCTS are planning some arrangements to deal with the potential increase in flagged Brexit-No exit cases. Please do try and issue cases online as this is the more reliable service to receive and prioritise your case rather than depending on the postal system to receive these via the paper route. Both the Courts and Tribunals Service Centre (CTSC) and Regional Divorce Centres (RDCs) are prioritising issue of these proceedings and are working towards getting these issued on the day of receipt.

The Practice Directions supporting both Divorce and Financial Remedy digital cases are to be amended to remove the cut off of 4.30pm so that any case received up to 11pm on 31st December will be classed as being received (this is intended to assist business as well as with this Brexit issue), but please try not to wait until the weeks beginning 21 and 28 December.

Digital Cases – CTSC

For any online divorce or financial remedy cases (both consent and contested applications) you will be able to email to flag that you have issued an urgent case online and then the case workers will be able to identify it as a priority and issue the proceedings.

Please don’t use this email address until HMCTS have confirmed it is being monitored or for any other purposes. When HMCTS confirm the inbox is being monitored, we will update you via the weekly Resolution member update.

You might want to flag if you do not have an address for service and are requesting personal or substituted service.

Paper Cases – RDCs

Paper cases would have to be sent via post and include a covering letter flagging it as an urgent case so case workers can identify if these should be sent to Bury St. Edmunds.

Resolution will keep members informed about further Brexit developments and relevant training.

Members may also find The Law Society’s suite of end of transition guides helpful.