New official guidance on cross border divorce after Brexit

The Ministry of Justice (MoJ) has issued guidance on how couples should deal with cross border divorce after the UK leaves the European Union.

It says that if your divorce is making its way through the courts in England or Wales at the time the UK leaves the EU then your case will continue under current rules and you do not need to take any further action.

If you apply for divorce after the UK leaves the EU, new rules will be in place, but you should apply in the same way. Your solicitor will be able to advise you further.

If your divorce has been made final in the UK before Brexit and you are a UK citizen divorcing an EU national or person living in the EU, or if you are an EU citizen, then you will need to take steps to make sure your divorce is recognised in the EU.

You should therefore get a certificate from the court that granted your divorce and send it for acceptance (registration) to the EU country you need to recognise your divorce.  This is likely to be the country where the EU person involved is living or from.

The MoJ statement suggests that you speak to your solicitor to get specific advice about your case and any action you need to take.

Please contact Kathryn Ainsworth if you would like more information about the issues raised in this article or any aspect of family law.