The Brexit Divorce Race is Finally Over
Whether or not the UK will get the terms of its divorce from the EU set out in a ‘divorce bill’, as the media like to call it, is still hanging in the balance but ironically the actual divorce of married couples is an area affected by leaving the EU.
Until the end of 2020 divorce law in the UK is covered by the EU law, known affectionately in legal circles as ‘Brussells II’.
This allows divorcing couples from member states to compete to be first passed the post in issuing divorce proceedings. The winner’s divorce prevails.
This unedifying race generally occurs where parties to the marriage have connections with two different countries, one of which is perceived as having more helpful rules for the division of assets than the other.
Britain, for example, has been called ‘the divorce capital of the world’ for its 50/50 yardstick for dividing assets which favours poorer spouses.
However at 11.01pm on 31st December 2020 the race is finally over.
It will no longer matter who issued their divorce petition first, all that will be relevant is ‘connectedness’ to a country. If a spouse can show a tighter bond with a country of issue then that will be the country where the divorce takes place. It remains to be seen what effect this will have on divorce settlements going forward.
Kerseys fully qualified team of family law solicitors are specialists in complex financial settlements including those with foreign assets and are well placed to advise on all issues relating to divorce, children and financial settlements.
We are also specialists in dealing with cases involving arrangements for children for divorced and separated parents.
Please do not hesitate to contact us at [email protected] or telephone us on Ipswich 01473 213311 or Colchester 01206 584584, alternatively if you would prefer us to call you please visit our web site and click “Call Me Back”