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August 31, 2017

“No Deal” on Brexit to Cause Turmoil for EU Divorcees

Brexit is the center of the UK and European Union news. Government officials warn that children of divorcing parents will be thrown into turmoil if a deal between the UK and EU isn’t made. Regulations exist to help divorcees in the EU manage conflicts.

Brussels II Regulation remains the standard across the EU. The Regulation sets rules and regulations followed across the EU’s 28-member states.

The United Kingdom’s exit from the EU without a replacement for Brussels II will impact jurisdiction. Brussels II establishes the divorcees’ connection to a country before asking for a divorce. In the event that multiple countries have jurisdiction to grant the divorce, regulations find that the country wherein the first divorce petition is filed will have precedence in the divorce.

Lawmakers negotiating on behalf of the EU and UK warn that “no deal” will result in laws and conventions, put in place to protect parents, being abandoned. Failure to replicate rules similar to Brussels II will impact divorce settlements and child access.

Cross-border civil judicial cooperation framework outlines the framework lawmakers are working on between the UK and EU. The UK, according to the framework, calls for a new relationship to ensure beneficial rules on family life.

An interim period is being called for by the UK to allow for the new legal system to be put in place. The period would go into effect after March 2019.

“International family disputes have many moving pieces. The laws of the state, federal government, foreign country and international treaties — such as The Hague Convention — must all be read, and interpreted, together,” states Maxim Law.

Legal proceedings in the United Kingdom would not end upon the English court’s decisions. Divorces, if no deal is made or laws are put in place, may result in court cases in two countries simultaneously.

Failure to provide clear guidance will result in spouses trying to have their case heard in jurisdictions most favorable to their divorce goals and objectives.

Foreign courts can decide to refuse English court orders. English courts can also refuse foreign court orders in a divorce. Financial provisions and custody arrangements will be significantly impacted under these circumstances.

Brexit negotiations are set to resume on Monday and last through Thursday in Brussels. The UK’s financial obligations, as part of leaving the EU, remain a sticking point for all parties. The final bill is estimated to cost €75 billion. Initial reports suggest that ministers are willing to pay €40 billion.

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