{"id":1030,"date":"2021-02-15T14:28:15","date_gmt":"2021-02-15T14:28:15","guid":{"rendered":"https:\/\/lundbennett.co.uk\/blog\/?p=1030"},"modified":"2021-02-15T14:28:15","modified_gmt":"2021-02-15T14:28:15","slug":"brexit-how-it-has-changed-uk-eu-cross-border-divorces","status":"publish","type":"post","link":"https:\/\/lundbennett.co.uk\/blog\/brexit-how-it-has-changed-uk-eu-cross-border-divorces\/","title":{"rendered":"BREXIT: How it has changed UK-EU cross-border divorces"},"content":{"rendered":"

Divorcing couples with cross-border connections could see significant changes to their divorce proceedings following the UK’s exit from The European Union at the beginning of the year.<\/strong><\/p>\n

Prior to Brexit, for couples with connections to both the UK and another EU country (or countries), obtaining a divorce from the English courts might have been preceded by a jurisdiction race \u2013 with each party rushing to commence divorce proceedings in their preferred country. For example, a wife might want to commence proceedings in England whereas her husband might want to proceed in Germany. Whichever country\u2019s court was first to have proceedings instigated would have jurisdiction to deal with the divorce and subsequent financial proceedings.<\/p>\n

Typically, english courts\u2019 have a reputation for being more generous than other countries\u2019 courts to the financially weaker party to a marriage. English judges have a wide discretion in terms of the financial orders that they can make on divorce, as well as the power to make long-term (even life-long) spousal maintenance orders when fairness dictates.<\/p>\n

A new approach to deciding on jurisdiction<\/strong><\/p>\n

As of 1st January 2021, EU laws regarding family law have ceased to apply to the UK, and the \u2018first in time\u2019 rule that prompted jurisdiction races is no longer relevant. The deciding factor is now \u2018closest connection\u2019, with the relevant courts considering such factors as:<\/p>\n