Cross-EU border family law from 1 January 2021: guidance for legal professionals

Summary

Updated guidance for legal professionals on cross-EU border family law (including divorce and child maintenance) from 1 January 2021.

The UK has left the EU, and the transition period after Brexit comes to an end on 31 December 2020.

This page tells you what you'll need to do from 1 January 2021. It will be updated if anything changes.

Detail

This guidance is provided for the information of legal practitioners involved in family law in Scotland and the EU. It is not legal advice. It is not a complete statement of the law.

Practitioners should be aware that they may need to consider leading judgments from the UK courts and judgments from the Court of Justice of the European Union (CJEU) where relevant.

Members of the public involved in cross-border family law cases should read the guidance for the public.

Statutory instruments

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 will be amended by a further instrument before 31 December 2020 to ensure its provisions are consistent with Title VI of the Withdrawal Agreement. Similarly, The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 will be amended to ensure its provisions are consistent with Title VI of the Withdrawal Agreement.

The EU Commission has also published guidance on civil justice, including family law, as a consequence of the UK's departure from the EU.