Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Family analysis: While the UK left the EU on 31 January 2020, EU law continues to apply until 31 December 2020 (implementation period (IP) completion day). Stuart Clark and Michael Allum, partners at The International Family Law Group LLP, consider the impact on divorce and financial proceedings in England and Wales going into 2021 and highlight some of the key points for practitioners to have in mind leading up to New Year’s Eve and beyond into 2021.
What are the key changes in relation to jurisdiction in divorce proceedings that family practitioners need to be aware of after IP completion day?
EU family law ends in England and Wales at 11 pm on 31 December 2020 (IP completion day). After that time and date, divorce and financial proceedings issued in England and Wales will be governed by domestic law, relying also on Hague Conventions. There are transitional arrangements in place which will affect divorce and financial proceedings issued prior IP completion day, even if the final orders in those proceedings are not made until 2021 or beyond.
During the lifetimes of our careers as family lawyers in England and Wales, jurisdiction for divorce has always been governed by Council Regulation (EC) No 2201/2003 (Brussels II bis or Brussels IIA). The substantive provisions of Brussels II bis, art 3 will continue, with some minor alterations, from 1 January 2021 by SI amendments to the Domicile and Matrimonial Proceedings Act 1973.
The fourth and fifth indents of Brussels II bis, art 3(1)(a) have been re-written into domestic law applying the Marinos school of thought (per Marinos v Marinos  EWHC 2047 (Fam)), as preferred to Munro (per Munro v Munro  EWHC 3315 (Fam),  1 FLR 1613), ie the petitioner needs to be merely resident and not habitually resident for the six or twelve month period leading up to the issue of proceedings. This will potentially further open to
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234