BREXIT

For family lawyers, there are a number of implications and practical considerations arising after Brexit. The two main EU regulations likely to be encountered by practitioners on a day-to-day basis are Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis, also known as Brussels IIa) and Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (the EU Maintenance Regulation). Both Brussels II bis and the EU Maintenance Regulation cease to have effect in UK law after Brexit completion day, subject to certain specific exemptions and rules for proceedings issued prior to IP completion day. The timing of the issue of proceedings, or the making of orders, will be critical.

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