Thinking of divorcing? How a No-Deal Brexit could impact you...
DID you know when voting in the 2016 EU referendum that leaving the EU with no deal could result in your divorce no longer being recognised in other EU member states? The existing divorce jurisdiction is currently governed by the EU law.
After March 29, it will simply continue as national law.
However, it may not be recognised by those 15 states who did not sign or ratify the Hague Convention The Hague Convention allows UK court orders to be enforceable in other member states.
The member states that are signatories to the Hague Convention are likely to continue to recognise a divorce in England and Wales but there are no guarantees as far as the remaining 15 states are concerned.
I am getting divorced - what does this mean for me? If you are a national of the EU or have assets such as property in one of those 15 countries, you may have to bring fresh proceedings not only in relation to the divorce but also associated financial matters, in multiple countries.
For example, if you are French, your spouse is Spanish and you have assets in both of those countries but live together in the UK, you may have to issue divorce proceedings in all three countries, in order for your divorce to be recognised and for you to be able to obtain an enforceable order regarding those foreign assets.
A decree nisi is a provisional decree of divorce granted by the court if it is satisfied that you have met the requirements to obtain a divorce.
This means your marriage still exists and you are not yet divorced.
A decree absolute is the legal document that ends your marriage.
You need to wait at least six weeks and one day after the date of the decree nisi before you can apply for a decree absolute.
If you are concerned that your divorce may not be recognised in those member states, it is definitely worth considering applying for your decree absolute before the UK leave the EU.
To discuss how Brexit may impact your divorce, please speak to specialist lawyer Lucy Barr at award-winning law firm VWV on 0121 227 3715.
If you are French, your spouse is Spanish and you have assets in both of those countries but live together in the UK, you may have to issue divorce proceedings in all three countries
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|Publication:||The Birmingham Post (England)|
|Date:||Feb 21, 2019|
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