In a paper, presented at the Class Legal conference on 21 June 2017, I examine three elements of our existing divorce law which will need examination on leaving the EU.
There will need to be a new law on the basis of jurisdiction for divorce and he sets out proposals of a small working party for the consideration of the legal profession and government. It is important that divorce decrees are recognised across the world and England is very liberal in its policy in doing so but I propose the use of an existing international divorce recognition law within the EU after Brexit.
Finally, where there are two or more countries which could deal with the divorce, England has conflicting laws; first to commence proceedings within the EU and the more conventional closest connection test across the rest of the world. I propose that the latter should also apply for cases between England and EU countries after leaving the EU.
To read the paper in full, go to here