Brexit and international family law

David Hodson OBE of iFLG sets out preliminary reflections on the impact on international family law of the UK voting to leave the EU.

Marital disagreements are sad and unfortunate.   Sometimes a spouse may decide to separate despite what may be the financial and personal cost.  Nevertheless issuing a divorce petition quickly is not always needed a period of reflection and consideration is often beneficial and divorce settlements can be done sensibly and constructively with wisdom and respect on both sides.

This is where the UK finds itself today.  There is much within the original English Family Law Code of Practice encouraging a conciliatory approach on separation and divorce which is highly applicable as discussions start with the EU about the UK exit.

This note is exclusively on family law but is part of the bigger political and legal picture.  It is intended to start a discussion within England and Wales about what existing EU laws we want to replace and with what new laws and what EU laws we want to retain in any way e.g. as domestic laws or other international treaties.  We hope...

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