If the UK leaves the EU without a deal, some EU family law agreements will no longer apply to the UK.

This will affect rules on:

• the country that family law disputes are heard in
• how decisions made in one country will be recognised and enforced in another.

This applies to cases in England and Wales for:

• divorce
• matters relating to children
• child maintenance
• EU rules on child abduction

This guidance only relates to cases involving the courts of England and Wales.

If you are currently or soon to be involved in a case that you think may be affected by this you should speak to a lawyer for advice as soon as possible.

If the UK leaves the EU with a deal there will be no change to the process during the Implementation Period.

This guidance is intended for people involved in family law disputes. 

Divorce:

• If you apply for divorce after 12 April 2019, the new rules will be in place but you should apply in the same way. Getting your divorce recognised in an EU country after a UK no deal exit may be affected.
• If your case is ongoing before the court in England and Wales on 12 April 2019 your case will continue under current rules.
• If your divorce was made final before 12 April 2019 and you need your divorce recognised in an EU country, make sure you get a certificate from the court and send it for acceptance (registration) in that EU country.

Speak to a solicitor to get specific advice about your case and any action you need to take.

Matters relating to children (parental responsibility):

• If you start a case about arrangements for your children after 12 April 2019, the new rules will be in place but you should apply in the same way.
• If a case about arrangements for your children is ongoing in England or Wales on 12 April 2019, your case will continue under the current rules.
• If a case about arrangements for your children is ongoing in an EU country or you need to have an order accepted and put into action in an EU country after 12 April 2019, this may need to be done in a different court or under a different procedure.
• If an order about arrangements for your children has been made final (in England and Wales, or in an EU country) and has been registered in the other court before 12 April 2019 it should not be affected. However, if you make further applications (even about the same child(ren)) after 12 April you will need to use a different procedure to have the order accepted in the other country. Speak to a solicitor for advice.

Maintenance:

Maintenance cases in court - 

• If you have an ongoing case about maintenance payments for a child or spoues/registered partner in England, Wales or an EU country on 12 April 2019, your case will continue unchanged.
• If you make new or further applications after 12 April 2019, your application may need to be made under a different process.
• If you have a child maintenance decision, which you want to have recognised and enforced in an EU country after 12 April 2019, you can contact the Reciprocal Enforcement of Maintenance Orders (REMO) unit
• If your maintenance case was resolved and has been recognised by the relevant court in an EU country before 12 April 2019, you should not be affected.

Speak to a solicitor for advice. 

International parental child abduction:

Whether the UK leaves the EU with a deal or not, the rules about abduction or wrongfully retained children in EU countries will mostly not change.

If you are the applicant in a case to return a child who has been abducted to an EU country by the other parent or a relative you should, if possible, get legal advice from a solicitor.

You should also, if possible, get local legal advive in the country the child has been taken to, and you should contact the Central Authority for England and Wales (ICACU) and the charity Reunite:

• ICACU
• Reunite International Child Abduction Centre