Family law leaves the EU: the law on 1 January 2021

Introduction

EU family laws end on New Year’s Eve 2020 although rather undramatically at 11 PM rather than the striking of Big Ben at midnight.  For all new proceedings from 1 January 2021 onwards there will be reference to national laws and non-EU international laws.  This article summarises what is that law separating out threefold elements of jurisdiction forum and recognition with enforcement.  In turn it is within the three key areas namely divorce maintenance and children. 

This is not just for next year.  When practitioners are deciding whether to commence proceedings this year and therefore come within EU laws they need to consider whether it might be more advantageous to wait and commence proceedings from 1 January onwards.  (Although within EU laws forum is incorporated within jurisdiction but separated here because of its distinctive aspects between availability of proceedings connectedness and where those proceedings should be.)  These transitional arrangements will be set out next week in a third article in the series by the author.  Reference should also be made to the first article by the author which dealt with the distinctive...

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