In preparation for the possibility of the UK leaving the European Union on the 31 October without a deal being agreed, the Ministry of Justice has compiled guidance for UK and EU lawyers and published a full list of the guidance available here. Whilst this guidance is useful, it is in summary form and does not expand upon the potential issues that practitioners will face when advising clients on existing EU cases. It is therefore worth having to hand previous guidance issued by Resolution with partner organisations in the event of a no-deal Brexit.
The main relevant SIs which would apply post exit in the event of a no deal Brexit remain The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 and The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 We also expect there to be a third SI in the event of a no deal and we will let members know if this further legislation is made.
Members will wish to consider now and before 31 October the issues raised in the following guidance (in particular, the need for the registration of English and Welsh orders in other EU Member States):
- Guidance for Family Law Practitioners (jointly issued with the Law Society) and a further note.
- Guidance for Children Practitioners (jointly issued with the Association of Lawyers for Children).
You can also still access the audio recording of our Brexit Roundtable.
Resolution continues to work with government officials, and representatives of the Law Society, FLBA and IAFL on family law issues arising as a result of the UK leaving the European Union with or without a deal.
We will be updating members on developments and further practice support as necessary.
Chair, International Committee