What Impact Will Brexit Have on Family Law?
Now that the dust seems to have settled on Brexit, what we are left with is what Michael Heseltine recently referred to as a ‘dark cloud’. This dark cloud is filled with uncertainty not just concerning politics and economics but also our laws.
Family law is one area that could see significant changes in the coming years when EU laws will need to be replaced. While the cross border elements of family law will inevitably see changes, so too will cases involving exclusively UK nationals.
The risk in all of this is that there will be holes left if amendments and new domestic legislation is not made in time, once the UK government gives formal notice of its intention to leave the EU.
Things may get particularly complex for the many relationships and marriages between UK nationals and EU citizens. Then there will be the issue of settlements and how volatility in the financial markets might impact on the fairness of those settlements.
While Brexit presents challenges there might also be opportunities for the reform of existing laws imposed by the EU. Some EU laws currently impose regulations that have a major impact on UK laws when it comes to jurisdiction and enforcement of any decisions.