Currently, if partners apply to different EU member states, the divorce takes place in the country where proceedings are first issued―the ‘first in line’ rule. This rule will no longer exist following a no-deal Brexit, leaving couples facing expensive preliminary court hearings to determine jurisdiction. Moreover, UK nationals married to EU nationals may have to instruct overseas lawyers and travel to another country for court hearings about their family.
Neil Denny, senior associate at Roythornes Solicitors, said: ‘If you issue divorce proceedings before a no-deal Brexit then the “First in line” rule will still apply.
‘It will be far better to issue any proceedings first in your preferred jurisdiction than realise after a no-deal Brexit that you face a legal struggle to have your divorce resolved in the country of your choice.’
