Brexit and relocating with children overseas – mind the immigration and family law gaps
“It is a relief to see that in the event of a no deal Brexit, the lis pendens rule will be repealed across the UK. This will be a welcome change to many family lawyers. It is a system that often results in unfair outcomes and is contrary to mediation and non-court dispute resolution methods, or even reconciliation. However, the rule needs to be repealed across other Member States too if we are to avoid a one way street. If there is no deal, then there is nothing to prevent other Member States (where lis pendens will remain very much alive) from claiming they have jurisdiction as they were properly seized regardless of the connection to the UK.”
See also the full article on Family Law for further details.
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