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 Regulations
  • Relevant EU law
  • How FPR 2010 will be 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 (the Regulations) have been made in preparation for Brexit, to make amendments that will 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 which will no longer be applicable or available when those instruments or agreements are revoked by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), or the statutory instruments made under it. This Practice Note addresses:

  1. the purpose of the Regulations

  2. relevant EU law

  3. how FPR 2010 will be amended, and

  4. transitional and saving provisions

See also Practice Note: Brexit and family law as to further guidance on the implications of Brexit for family lawyers, including on the sifting process and statutory instruments (SIs) issued under that process, together with Practice Notes:

  1. Brexit—jurisdiction and family proceedings

  2. Brexit—recognition and enforcement in family proceedings

  3. Brexit—financial remedies

  4. Brexit—children proceedings

  5. Brexit—service of documents in family proceedings

For access to FPR 2010 and the associated Practice Directions (as unamended by the Regulations), see Practice Note: Family Procedure Rules 2010 index.

Purpose of the Regulations

The Regulations will not revoke or amend any direct EU legislation, or other retained EU law, other than amending FPR 2010 to the extent that it relates to retained

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