Brexit and Divorce – where are we now?

We are still awaiting further information and guidance as to the impact that Brexit and leaving the EU will have on divorce cases.  What we do know is that, as you start divorce proceedings in 2021, new rules will apply.  We have noted that the divorce petitions are drafted differently, and we are expecting to see disputes on which country will determine where a divorce should happen.  The “first in time” rule will no longer apply between the UK and EU countries. This which operated to mean that whoever seized a country’s jurisdiction first, secured that court for that matter. Hence we entertained proceedings in the UK for divorces which perhaps more properly should have taken place in Russia, or other less favourable jurisdictions. London is the divorce capital of the world for this reason, and is known for its generosity to wives.

Instead, the English and Welsh courts will look at and decide where a divorce should take place based on what is appropriate and which country the couple have a close connection with.  If your divorce proceedings start on or after 1 January 2021 then some EU states may not recognise your divorce and advice will need to be taken early to determine whether or not you may be affected.

We have specialist lawyers with international expertise at Blanchards Law and we also have contacts with lawyers, specialist in other jurisdictions all over the world.  If you therefore have any queries as to where you can get divorce and whether your divorce would be recognised in another jurisdiction then we are here to assist.

Discover more about Divorce and financial agreements

If you live or work in the UK, or may feel you may have a connection to the UK, and are interested in a divorce and/or financial settlement, please pick up the phone and call us on 0845 658 6639 or email us on info@blanchardslaw.co.uk for an early response.

For your convenience, we will always aim to offer telephone calls and meetings at a time to suit you.

Stories & case studies to help you

Please read our blogs on our divorce and financial settlement work and practice. Like you, many clients have come to us because our blogs are informative and designed to help you understand what you can do to resolve your situation.