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

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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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NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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