A leading Exeter family lawyer has warned of the risks that Brexit poses to divorcing couples and families, where there is an international element. This could include people with property or abroad, or international assets.
Andrew Barton, a partner at Stephens Scown LLP and an expert on international divorce law, has warned that the void that will be left through the UK’s exit from the EU cannot be resolved through domestic legislation alone.
Andrew explains: “The focus of most EU family law is on ensuring that the courts in each of the member states respect the decisions and approaches of their neighbours. It relies on reciprocity and enforceability. Leaving the EU will potentially mean leaving behind these reciprocal arrangements, which for many people with international issues arising on their divorce or separation could cause difficulties.
“Take a divorce financial order made in the English Courts over a property in Spain, for example. Our existing EU membership provides us with steps to enforce that order in Spain if for any reason the spouse in Spain is not complying with the order. This enforcement relies on the reciprocal arrangement we have with Spain through our membership of the EU. If we are no longer EU members then our ability to enforce that order potentially disappears. How such issues will work going forward will depend on any replacement arrangement that the Government has been able to negotiate with Spain.
“This obviously applies not just to Spain but each of the 27 member states of the EU. It covers not just property but every aspect of family law, to include arrangements for children, divorce and finances. Its impact could be seismic.”
Whilst the Government is said to be looking at enacting EU arrangements into domestic law, Andrew says that this alone will not work. “The British Government cannot legislate to replace these arrangements because they rely on the member states working together. The only way of addressing the problem is for the Government to negotiate with each of the member states. Even having achieved a successful negotiation, being outside of the EU will mean any revisions in EU law will potentially also pass us by. Non-uniformity is a massive risk, not just to Government negotiators but also individuals who are going to be looking to rely on these reciprocal arrangements over the years ahead.”
For any couples with family law issues involving international matters, the impact of Brexit makes it even more vital that they seek advice from a specialist international family solicitor.
Stephens Scown has developed a free guide to divorce, which includes practical advice from its clients. It can be downloaded from www.stephens-scown.co.uk/newbeginnings
Andrew Barton is a partner in the family law team at Stephens Scown in Exeter. To contact Andrew, please call 01392 210700 or email family.Exeter@stephens-scown.co.uk