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Brexit

The UK left the EU on the 31 January 2020.  How does this impact on family law, family lawyers and family law clients? 

As one of the world’s leading law firms working with international families, The International Family Law Group LLP has prepared a series of videos and articles for guidance.

We have been actively involved working with the UK government on necessary family law changes on the UK leaving the EU.

In fact there will be no change at all until the end of December 2020, the so-called implementation or transition period.  The existing EU laws will continue and therefore there will be no change in the short term.

But what happens in January 2021 onwards will be fundamental for family lawyers, those involved in family dispute proceedings and all concerned with family justice here and abroad, within and outside the EU.

iFLG has also relaunched its free Brexit family law helpline to provide information for family lawyers here and abroad and those involved in family court proceedings about the impact of Brexit on family law.  Please telephone +44 (0) 203 178 5668.

Please see below for the good practice guidance, January 2019 and March 2019, to the family law profession by the Law Society and resolution, of which iFLG partner, David Hodson OBE was a primary author.

EU Laws continue until at least 2038 and beyond

The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1 January 2021 onwards, probably until 2038 and perhaps beyond. 
This fact is not much known, has not been widely publicised but is very relevant for those who wish to continue to rely on EU laws in their family affairs.  

EU Case Law: iFLG stands up for Access to Justice

In February 2020, the UK government said it would be leaving EU laws on final departure from the EU on 31 December 2020.  But what should be the status of existing case law from the European Court (CJEU)? 
Specifically, which level of courts should be able to depart from it?  There was a consultation over the summer.

Family Law Leaves the EU: A summary guide for practitioners - published today

This new book published today, explains Family Law in leaving the EU. Every practitioner should have a copy.

'Family law leaves the EU: A summary guide for practitioners'

This is a new textbook published today, 20 October 2020, by LEXIS-NEXIS and written by one of the world’s leading family lawyers, Prof David Hodson OBE MCI Arb. 

Family law leaves the EU: Still relying on EU laws after all those years

David Hodson OBE MCIArb in his third article on family law leaving the EU looks at transitional arrangements.  It will be possible to rely on EU laws for very many years to come but take action before 31 December 2020.!

Family law leaves the EU: the law on 1 January 2021

Partner David Hodson OBE MCIArb, summarises the law from January 2021 when EU laws will no longer apply in new cases. Second in his series of 3 articles on family law and EU exit.

Family law leaves the EU: the conjunctive or disjunctive interpretation resolved by EU guidance

David Hodson covers the helpful guidance given by the EU last week to resolve differences of interpretation, which has a vital importance for practitioners in their work this autumn and winter in EU cross-border cases.

The UK and the EU co-working for the benefit of the family law community: A New Hope?

David Hodson explores areas where, post Brexit and with the differences behind them of continued membership, the UK and the EU should work together collaboratively for the benefit of international families and to further International family Law. 

This is a work in progress and has been shared with government and with lawyers internationally to prompt discussion and debate.

UK/EU family law from 1 January 2021: an update March 2020

David Hodson sets out an important update on UK/EU family law from January 2021 after the government made it clear there would be no continuing EU laws.

All Change and no Change: UK/EU Family Law on 31 January 2020

At 11 p.m. this evening, Friday, 31 January 2020, the UK leaves the European Union.  It is no longer a member in law.  The necessary legislation has gone through both the UK Parliament and the EU Parliament.  It is all change.

But for family law, and indeed for much else, it is in fact no change until the end of the year on 31 December 2020.  This is the implementation period, previously referred to as the transition period.

UK General Election 2019, Brexit and Family Law A Special iFLG Briefing Note

The UK General Election on 12 December 2019 has significantly changed, and clarified, the position on the UK leaving the EU.  Whereas throughout 2018 there had been much uncertainty with a likelihood of no deal and throughout much of 2019 significant resistance by so-called Remainers in Parliament against leaving the EU, the General Election result was overwhelming support for the UK leaving the EU quickly.  The Conservative party election banner was: “Get Brexit sorted”.  Whereas previously

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