Withdrawal Agreement Family Law

Withdrawal Agreement Family Law: What You Need to Know

The Withdrawal Agreement is a legal document that sets out the terms of the UK`s departure from the European Union (EU) and its future relationship with the EU. One of the areas covered by this agreement is family law, which affects the rights of individuals and families who have connections with both the UK and the EU.

If you are a UK citizen or resident with family members or assets in the EU, or an EU citizen or resident with ties to the UK, you may be affected by the changes to family law brought about by the Withdrawal Agreement. Here is an overview of what you need to know.

What is Family Law?

Family law deals with legal issues that arise in family relationships, such as marriage, divorce, custody, adoption, and inheritance. These laws vary from country to country, and the rules that apply to a particular case may depend on where the parties involved are located.

How Does the Withdrawal Agreement Affect Family Law?

The Withdrawal Agreement contains provisions that preserve certain aspects of family law for individuals and families affected by Brexit. Here are some of the key points:

– Divorce and Legal Separation: If you are an EU citizen or resident who is married to a UK citizen or resident, or vice versa, you may continue to rely on EU rules to determine which country`s courts have jurisdiction over your divorce or legal separation. This will apply to cases that are pending on January 1, 2021, or started after that date.

– Child Custody and Visitation: If you have a child who lives in the EU and you want to visit or take them with you to the UK, or vice versa, you will need to comply with the rules set out in the Hague Convention on International Child Abduction. This Convention governs the return of children who have been wrongfully removed or retained outside their country of habitual residence.

– Maintenance and Child Support: If you are entitled to receive maintenance or child support from someone who lives in the EU, or if you need to pay maintenance or child support to someone in the EU, you will need to comply with the rules set out in the applicable national law or the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

– Inheritance: If you have assets in the EU and you want to make a will or handle an inheritance matter, you will need to comply with the rules set out in the applicable national law or the EU Succession Regulation.

What Should You Do?

If you think you may be affected by the changes to family law brought about by the Withdrawal Agreement, it is important to seek legal advice from a qualified family law practitioner. They can help you understand your rights and obligations, and guide you through the process of resolving any legal issues that arise.

In conclusion, the Withdrawal Agreement affects family law in a number of ways. If you have connections with both the UK and the EU, it is important to educate yourself, stay informed, and seek professional advice if you need it.