Brexit and family law
Brexit and family law

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Brexit and family law
  • UK Parliamentary activity
  • Key guidance
  • Sifting process and SIs
  • Retained law
  • Key EU family law regulations
  • Recent News Analysis
  • External resources

On 23 June 2016, the UK held a referendum on its membership of the European Union (EU). This Practice Note considers the current position as to EU law and the potential implications for family law of the UK exiting the EU (commonly known as Brexit) in relation to both Brexit generally and family law specifically, including the sifting process and statutory instruments (SIs) issued under the sifting process with implications for family proceedings, key guidance and key EU family law regulations.

See also: Recent News Analysis for key news items on Brexit.

The European Union (Withdrawal) Act 2018 (EU(W)A 2018) received Royal Assent on 26 June 2018, see News Analysis: Brexit Bulletin—European Union (Withdrawal) Bill receives Royal Assent. Certain provisions, including powers to legislate in connection with withdrawal, devolution, parliamentary approval (meaningful vote), financial and other matters entered into force on 26 June 2018. Other key provisions, including repeal of the European Communities Act 1972 (ECA 1972) and other primary legislation, retention, publication and status of retained EU law, rules of evidence and interpretation (including the definition of exit day) are to be appointed. By virtue of the European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018, SI 2018/808, various provisions of EU(W)A 2018 came into force in the UK on 4 July 2018. The provisions include the regulation-making power which allows