What does IP completion day mean for family law?
What does IP completion day mean for family law?

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

  • What does IP completion day mean for family law?
  • What will happen on IP completion day?
  • What are the main EU regulations and will they still apply?
  • What is the main Brexit statutory instrument in relation to jurisdiction?
  • Does Brussels II bis apply after IP completion day?
  • Does the EU Maintenance Regulation apply after IP completion day?
  • Were proceedings issued on or before IP completion day?
  • Yes
  • No
  • Was an order made in proceedings on or before IP completion day?
  • More...

As of 31 January 2020, 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, exit day marked the commencement of an implementation period (IP), ending on IP completion day. See Practice Note: Brexit—introduction to 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 provisions.

When considering the impact of Brexit on family law, the following terms are important:

  1. exit day—31 January 2020

  2. implementation period (IP)—from 11 pm on 31 January 2020 until 11 pm on 31 December 2020

  3. IP completion day—31 December 2020 which replaces exit day for many purposes throughout EU(WA)A 2020 and related Brexit legislation

What will happen on IP completion day?

On IP completion day, the implementation period ends and the UK is no longer treated as a Member State by the EU. This has a number of important implications which family lawyers need to be aware of. The procedure which applies will depend on the timing of proceedings in relation to IP completion day.

What are the main EU regulations and will they still apply?

In relation to family law, EU law is primarily concerned with procedure, as

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