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13 February 2019 / David Burrows
Issue: 7828 / Categories: Opinion , Family , Brexit
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Brexit & family law

Where is family law today in relation to EU withdrawal? David Burrows fills the gaps

Resolution (a group of family lawyers) and the Law Society together have provided information on family law and EU withdrawal. They urge lawyers to seek advice from EU lawyers to advise their UK clients on family breakdown issues. In Joint Resolution and Law Society note to family lawyers in England and Wales of practical recommendations in the circumstances of no deal on EU exit (January 2019) (the ‘joint note’) they work on the assumption— inevitable?—that the UK will leave the EU. An earlier short paper from the Law Society, No-deal Brexit guidance: Family law (8 November 2018) highlighted ‘the changes that will occur’ in family law ‘if’ UK leaves without a deal. It emphases what will remain part of UK domestic law – eg the Hague Conventions. What neither paper acknowledges is that the ‘deal’ or ‘no deal’ point is irrelevant for family lawyers. EU family law legislation is invoked between two people, one lives

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
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The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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