Navigating Post-Brexit Changes in Divorce and Finance Law for Residents of England and Wales (14 December 2023)

The UK’s divorce with the European Union has had rippling effects on all fields of law in various degrees. While many of the old rules simply changed their form while remaining substantially the same, some key changes resulted as a consequence of Brexit. What has changed? In order to determine whether the court has jurisdiction to deal with divorce or financial proceedings, it will no longer be relevant where the application was lodged first, the way it used to be under EU law regime. What will be considered is the case’s substantial connection to the jurisdiction, for which the courts will take all factors into consideration. This is the same criterion that has been used with respect to non-EU states. Recognition of the Final Divorce Order will no longer be automatic, but will depend on whether the other state’s is part of the 1970 Hague Divorce Recognition Convention. If not, this will be a matter for the national law of the other state to regulate. Similarly, a crucial difference is that Financial Orders will no longer be automatically recognised and will need to be registered by EU member states. As the matter will no longer be regulated by EU law, it will fall under the 2007 Hague Maintenance Convention, as it has been for non-EU states. Rules for eligibility to apply for Divorce have also been slightly changed, with the amendment of 5(2) of the Domicile and Matrimonial Proceedings Act 1973. One key difference from the previous EU rules, is that “habitual residence” refers to the day of issue, as opposed to the three months preceding the proceedings. How can Duncan Lewis Solicitors help you? As rules for cross-borders disputes will differ from state to state, if you find yourself grappling with the intricacies of such cases or require expert assistance in navigating the legal landscape surrounding divorce and financial provisions, our experienced legal team at Duncan Lewis Solicitors is ready to offer guidance and support. Contact us today via telephone at 033 3772 0409 to ensure your legal needs are met with professionalism and expertise. About the Author Federica Diana is a Caseworker in the Child Care department based in Duncan Lewis' City of London office. In his role, Federica assists and support the team of solicitors and caseworkers with their day-to-day handling of cases which primarily comprises of child care matters. Federica Diana works under the supervision of Sharon Kang and Director Mandeep Kaur Benning . Duncan Lewis Solicitors is an award-winning law firm renowned for its exceptional legal services and commitment to social justice. With a history spanning several decades, their team of highly skilled solicitors provides top-tier representation in 25 diverse fields of law, including immigration, family, criminal, employment, and property law. It is recognised for their unwavering dedication to making justice accessible to all, regardless of financial circumstances. Duncan Lewis Solicitors' outstanding reputation, numerous accolades, including being crowned Law Firm of the Year at the Modern Law Awards 2023, and commitment to advocating for marginalised individuals firmly establish it as a leading law firm in the UK, consistently delivering excellent legal representation.