Brexit Blog

25 May 2017

Win, lose and draw – three Manifestos, three approaches to Brexit for the General Election

The 2017 General Election is nearly upon us – the third national vote in two years. While the electorate may be fatigued by this latest round of politicking, we should not lose sight of the fact that this election matters a great deal for one reason – Brexit.

After all, is likely to give a mandate to the next government to set the tone for the UK’s negotiating strategy in a deal which is going to define our relationship with the EU – politically, economically, socially – for decades to come.

With this in mind, we have examined what the three major parties have to say, specifically, about Brexit in their election Manifestos. There are significant differences in their approach and so the British electorate has been given a real choice to make.

James Murray

25 May 2017

Anglo French divorces – making the right choice about where to divorce

As a French couple living in England, you may not be aware that, if your marriage breaks down, you have a choice to start a divorce process in either England or France. Likewise, an English couple residing in France could start divorce proceedings in France or England. It is crucial that you take early legal advice because as soon as the process is initiated in one country, you lose the ability to start in the other.  We regularly advise clients in Anglo French divorce situations about the potential to have a court process in either England or France and the pros and cons of that choice.  We know that the outcome in France is likely to be better for one party and the outcome in England is better for the other. The decision to start a process in either country has to be taken quickly and the choice for a client can therefore be emotionally fraught because of this time pressure.

Claire Wood

24 May 2017

Brexit and the general election – UK misses implementation deadline for European Investigations Order Directive

Debate during the 2017 general election campaign has, predictably, centred on Brexit. The UK is scheduled to leave the EU by April 2019. However, until we leave, the UK remains a Member State of the EU and is therefore subject to the obligations of EU law and the acquis communautaire. One of the fundamental principles of EU law is the requirement placed on EU Member States to implement Directives. Ordinarily, a Directive must be provided for in domestic law by a Member State by a specified date. It would appear that thanks, at least in part, to Theresa May’s decision to call a snap general election, the Directive on the European Investigation Order (“the Directive”) has not been implemented by the UK within the prescribed time period. In this blog, we explore what has (not) happened. 

Jonathan Blunden

18 May 2017

Court rules in favour of non-EU parents having a right to live in Europe

An interesting judgment has been handed down by the Court of Justice of the European Union (“CJEU”), which rules in favour of a non-EU parent’s right to reside in an EU country if his or her child is an EU citizen of that EU country. 

Jessica Jim 詹颖怡

17 May 2017

Brexit - Messy divorce or amicable settlement?

As part of our commentary and sharing of insights on Brexit, we are introducing a series of guest blogs with views and perspectives from other jurisdictions. We are always very keen to know how other countries view the UK's decision to leave the EU and what issues and challenges they believe the UK or indeed their nationals and country may face along the way, with particular reference to their jurisdictions. In this blog of the series, we are welcoming a view from the Netherlands with a blog by Sandra Verburgt, Partner at Delissen Martens and an international family lawyer and mediator. 

 

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