How Brexit Could Affect International Divorces

5 min read

How Brexit Could Affect International Divorces: There are around 1 million British citizens living and working in the EU and around 3 million Europeans living and working in the UK. It will come as no surprise that many of these people have “international” families, that is to say they are married to someone from a different country. With this in mind we look at how Brexit could affect international divorces.

The Changing Landscape

It is likely that, in the wake of Brexit, it will not be more difficult for international divorces to take place. Essentially, the couple seeking the divorce will do so in the country in which they were married and in the majority of cases this can be completed in their absence. This, of course, is provided that the agreement is amicable.

Were the process may become more complex and potentially problematic is where disputes are encountered or when it comes to enforcing the terms of the divorce across borders. Currently, it is unclear how new legislation will account for factors such as the custody of children, access issues and financial settlements.

The Legal Ramifications

The legal ramifications of Brexit, we know, are a mind boggling prospect and so what can be done to help those who find themselves involved in an international divorce – post Brexit. As unromantic as it may sound, one course of action may be to seek legal advice from experts such as Withers Worldwide now. It may be the case that an agreement can be signed that details the legal implications of an international divorce should it occur – a post-nuptial agreement for those already married or a prenuptial for those who plan to marry.

Doing so means that if an international divorce is required, then there are no surprises for either of the parties involved and thus and amicable split is more easily facilitated.


Additional Legal Measures

The process of agreeing what should happen in the event of an international divorce may mean taking additional legal measures. For example, where children are concerned it could be wise to set up a trust for them. Putting money into a trust that can only be accessed by the child when they reach a certain age may be one way of ensuring there are fewer details to be addressed should a divorce happen.

To be clear there is still much that is unclear about the finite details of Brexit and the legal landscape it will reveal. Taking action to make sure you are least affected by whatever the outcomes are may be the best form of protection, particularly when it comes to international divorce.

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