Brexit—financial remedies
Produced in partnership with David Salter of Deputy High Court judge and Recorder
Brexit—financial remedies

The following Family practice note produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Brexit—financial remedies
  • Financial remedies during the transition/implementation period (31 January 2020 to 31 December 2020)
  • Financial remedies after IP completion day (31 December 2020)

Brexit—financial remedies

This Practice Note sets out the jurisdictional implications in relation to financial remedy family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

As of 31 January 2020, the UK ceased to be an EU Member State and 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 implementation period 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.

The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) implemented the Withdrawal Agreement into UK domestic law and includes a range of interpretation and consequential provisions in order to effect this change

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