Brexit—recognition and enforcement in family proceedings
Produced in partnership with David Salter of Deputy High Court judge and Recorder

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—recognition and enforcement in family proceedings
  • Recognition and enforcement during the transition/implementation period (31 January 2020 to 31 December 2020)
  • Recognition and enforcement after IP completion day (31 December 2020)

Brexit—recognition and enforcement in family proceedings

This Practice Note sets out the implications as to recognition and enforcement in relation to 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 the implementation period (IP) completion day (31 December 2020).

As of 31 January 2020 (exit day), the UK ceased to be an EU Member State and no longer participates 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 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) implements the Withdrawal Agreement into UK domestic law and includes a range of interpretation and consequential

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