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The Brexit debate: Project fear – no fear
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The below article appears in the May issue of Family Law at [2016] Fam Law 696 and has been made available free of charge as a service to our readers.
Vitalstatistix the Gaulish chief in the Asterix stories suffers from the ever-present fear that the sky may fall on his head. But despite the hysteria which our learned opponents in this Family Law debate sought to generate by their tabloid-style headline in the May issue family litigants lawyers and judges need have no such fears in the event of Brexit.
First the timing is on our side. Notification to the EU of our intention to withdraw under Art 50(2) of the Treaty on European Union (TEU) would be made at the time of our choosing. Plainly David Cameron (or more likely his successor) would not make that notification on 24 June or any time soon thereafter. During the 2-year period following notification EU law would continue to apply as at present. During that time either a withdrawal agreement would be concluded or in the event that no agreement had been concluded (and...
Read the full article here.
