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16 February 2021
Issue: 7921 / Categories: Legal News , Brexit , Divorce
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Divorce gets messy post-Brexit

Thousands of divorcing couples could face post-Brexit jurisdictional issues, a family lawyer has warned.

About one in three UK divorces involves a foreign element: for example, where one spouse is from abroad. Previously, jurisdiction was decided by who filed the court papers first. Now, the courts will decide. 

Andrew Watson, partner at Osbornes Law, said: ‘A number of factors will be taken into account, such as where people live, where they lived together and where the children go to school or spend their holidays, so deciding where a divorce should take place isn’t that simple.

‘This is going to create further disputes between couples at a time where there are plenty of disputes anyway and this could well lead to a flood of litigation. There is the potential for this to get quite messy.’

Issue: 7921 / Categories: Legal News , Brexit , Divorce
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Private client disputes specialist joins commercial litigation team

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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