Brexit—Family Procedure Rules 2010
Brexit—Family Procedure Rules 2010

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

  • Brexit—Family Procedure Rules 2010
  • Purpose of the amendments
  • Relevant EU law
  • How FPR 2010 is amended
  • Transitional and saving provisions
  • Service
  • Financial remedy proceedings
  • Children proceedings (save in relation to adoption, placement and parental orders)
  • Security for costs
  • Taking of evidence in Member States
  • More...

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019, SI 2019/517 make amendments that remove provision in the Family Procedure Rules 2010 (FPR 2010) (and the Court of Protection Rules 2017) relating to powers, processes and orders under EU instruments, or international agreements no longer applicable or available where those instruments or agreements have been revoked by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), or statutory instruments made under EU(W)A 2018. Consequential changes are also made to Practice Directions that support FPR 2010, see LNB News 07/01/2021 76 and How FPR 2010 is amended. This Practice Note addresses the purpose of SI 2019/517 and relevant EU law, together with transitional and saving provisions including as to proceedings where the court was seised on or prior to implementation period (IP) completion day (31 December 2020).

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 of October 2019, 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 Practice Note: Brexit—introduction to the Withdrawal Agreement. The

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