Brexit and family law
Brexit and family law

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

  • Brexit and family law
  • Transitional provisions
  • Key guidance
  • Sifting process and SIs
  • Retained EU law
  • Recent news
  • External resources
  • Resolution
  • Joint paper of Resolution, the Family Law Bar Association and the International Academy of Family Lawyers
  • Parliamentary resources

Brexit and family law

As of 31 January 2020, the UK ceased to be an EU Member State and no longer participated in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. See also Practice Notes: Brexit—introduction to the Withdrawal Agreement and What does IP completion day mean for family law? and HMCTS issues guidance on urgent applications prior to IP completion day LNB News 16/12/2020 92.

The implementation period (IP) ran from 11 pm on 31 January 2020 (exit day) until 11 pm on 31 December 2020 (IP completion day). During this period, the UK was obliged to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the Withdrawal Agreement.

Exit day is still key in terms of being the date the UK ceased to be an EU Member State, but in terms of the legal impact, IP completion day is the date that the majority of key legal changes associated with Brexit took effect, including the full repeal

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