{"id":4176,"date":"2023-09-05T06:33:04","date_gmt":"2023-09-05T06:33:04","guid":{"rendered":"https:\/\/simplylaw.waydevelopers.com\/england-wales\/uncertain-future-for-divorce-cases-post-brexit\/"},"modified":"2024-04-13T16:28:18","modified_gmt":"2024-04-13T16:28:18","slug":"uncertain-future-for-divorce-cases-post-brexit","status":"publish","type":"post","link":"https:\/\/simply.law\/england-wales\/blog\/uncertain-future-for-divorce-cases-post-brexit\/","title":{"rendered":"Uncertain future for divorce cases post-Brexit"},"content":{"rendered":"

Brexit\u2019s likely impact on the popularity of England\u2019s family court system for cross-border and international divorce cases has reportedly led to a surge in such applications and the resulting divorce cases being heard in the run-up to the Brexit transition.<\/p>\n

The end of the year will bring an end to the UK\u2019s participation in a long-standing EU agreement under which cross-border divorce rulings made in one EU state are automatically recognised in another; an agreement which has seen London earn the reputation as the so-called \u201cdivorce capital of the world\u201d<\/a>.<\/p>\n

This is explained by the perception that the divorcing wives, children and dependents of high net worth individuals are more likely to receive favourable financial settlements and child support orders in the UK than they are in other jurisdictions.<\/p>\n

The Brexit divorce effect<\/h2>\n

A number of divorce lawyers have expressed concerns that the advent of 2021, and the effect of Brexit, could see divorcing couples who would otherwise find clarity and resolution in London\u2019s courts instead becoming embroiled in expensive and protracted international litigation not simply concerning the outcome of their divorce but also the very jurisdiction in which their case will be heard.<\/p>\n

As such, there have been a number of urgent calls for divorcing couples to begin divorce financial settlement<\/a> and child arrangement proceedings before the beginning of the Brexit transition period.<\/p>\n

Given the urgent need for divorcing couples to act, there are worries that the courts could become overwhelmed with proceedings; a potentially difficult situation for Family Courts that are already struggling to adapt to the operational challenges, backlogs and technical difficulties presented by the Covid-19 global health pandemic.<\/p>\n

There are numerous and notable recent examples of high-profile and high-value divorce settlements being heard in London. These include:<\/p>\n