Not sure which office is closest to you? Try our Office Finder.
Published: 16th March 2020
The UK has now technically left the EU, but at present, you’d be hard-pressed to notice. The real change will come on 1st January 2021 when the “transition period” will end and the UK will be a fully-independent country again.
It’s been widely acknowledged that this will have major implications for both the UK and Europe and there has been extensive discussion about the impact on certain sectors such as finance, transport and fishing. So far, family law appears to have flown largely under the radar, but Brexit has the potential to lead to major changes in this area and they may not be at all welcomed.
“Brussels II bis” essentially requires that a judgement made in the courts of one Member State must be recognised by all other Member States without the need for any further procedure. This does not mean that any state can claim jurisdiction over any legal issue. For the most part, the basic principles of jurisdiction still apply (i.e. there must be some sort of meaningful connection between the court ruling on the case and the case itself), but it can lend a degree of flexibility to them.
In the context of family law, for example, couples who legitimately have a connection with two (or more) Member States could choose to file in either one, safe in the knowledge that the judgement would be recognised in either. This could make “sticky” processes, like divorce and child-custody arrangements, somewhat more bearable. That said, it can also lead to a “race to file”, which goes against the principles (and practice) of mediation, reconciliations and early settlements.
If Brexit results in the UK withdrawing from the Brussels II bis, then the “race to file” may end up being replaced by the race to litigate in the EU against judgements made in the UK and vice versa.
Each individual legal system has its own view on how best to achieve a fair distribution of assets after the break-up of a marriage. The system in England and Wales tends to be very favourable to the financially-weaker spouse. There are five main reasons for this.
Firstly, the courts have a lot of power to order financial disclosure. Secondly, in a number of cases the courts will work under the Presumption of 50:50, in other words, they aim to divide assets equally, so they will start by trying to achieve a 50:50 split. Thirdly, courts can award life-long maintenance. Fourthly while prenups carry weight, they are not (yet) legally-binding and fifthly courts have a lot of discretion in how they achieve their aim.
Putting all this together, it’s easy to see how the differences between the courts in England and Wales and the courts in the rest of the EU could lead to some bitter legal fights post-Brexit, especially in cases where significant assets are involved.
One major concern about Brexit is the fact that it could potentially lead to lengthy delays resolving child abductions. At present, EU Member States are required to resolve them within six weeks, but under The Hague Convention, The Luxembourg Convention and the Family Law Act (1986) they can take far longer. Hopefully, the UK will come to an alternative arrangement with the EU, at least in this area of the law.
If you require assistance with any aspect of family law then the team at K J Smith Solicitors can help.
For more information or to arrange a free 45 minute consultation, please contact us today on 01491 630000 (Henley on Thames), 0118 418 1000 (Reading Head Office), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01865 703 000 (Oxford), (01635 785 100) Newbury, 01962 587900 (Winchester), 0204 599 7400 (Richmond) or email info@kjsmith.co.uk.
We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, Pangbourne, and High Wycombe.
Select your location / postcode below:
All our offices are easily accessible by road, rail or bus and we are open Monday to Friday from 9:00am to 5:30pm.
Not sure which office is closest to you? Try our Office Finder.
If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames (Head Office) Reading, Reading (Central), Basingstoke, Guildford, Beaconsfield, Ascot, Newbury & Winchester, St Albans, and Southampton. We serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, High Wycombe and Wokingham.
Why not contact our team of divorce solicitors for a free initial consultation today? We offer a free initial consultation that can take place in any one of our offices or over the telephone.
We are proud to have represented many excellent clients. Below are some comments our clients have made about us.
We are always looking for exceptional people to join our team.
Whether you are considering a move now or at some point in the future, we would love to hear from you and learn more about your career goals and motivations.
At K J Smith we pride ourselves on our commitment to offering support, guidance and career development across all roles. You will receive a competitive salary along with a comprehensive range of benefits.
Partner at our Ascot office
"I joined K J Smith with an open mind and with the expectation of developing and adding diversity and challenge to my career, having spent 23 years in a comfortable position with a traditional high street practice.
I can honestly say that K J Smith have exceeded my expectations. Since joining, I have felt supported and encouraged by the firm’s continued commitment to growth and improvement. The company allow staff at all levels to have a voice and recognise the importance of investment in their employees at every level."
