What does BREXIT hold for the family law client?
19 March 2018
The Law Society Gazette
Tony Roe, left in the photo, has over 25 years experience as a divorce family law solicitor. His practice, where he and his team of specialist lawyers is based, is in Theale, midway between Reading and Newbury. Tony Roe is quoted as saying, 'The point about… everyday life is something that really comes home in family law. When the House of Lords European Union Committee launched its report in March 2017, it “was not convinced that the government had, as yet, a coherent or workable plan for its impact on family law”.’
There are, Roe notes, 100,000 divorces in England and Wales in each year: ‘Some 42% of marriages break down. We have issues in relation to children. We have issues in relation to where you launch proceedings. We have cross-border matters. We have seen from DExEU the issues being generically put within its relevant paper. But all we’re seeing there from the point of view of where you might have matrimonial proceedings law [is that] the first in [time] prevails.
‘So, you have a degree of forum shopping… Who’s going to decide when there are disputes if we’re progressing down a route without the European Court, without the Court of Justice, being able to deal with it? Do we then move to a situation where we have a forum of convenience, which could lead to more litigation?’ Roe predicts increased legal costs for many divorcing couples.
Photo courtesy of the Law Society Gazette.