{"id":4970,"date":"2021-08-06T10:36:57","date_gmt":"2021-08-06T08:36:57","guid":{"rendered":"https:\/\/bktkancelaria.pl\/?p=4970"},"modified":"2021-12-10T11:05:50","modified_gmt":"2021-12-10T10:05:50","slug":"brexit-a-sprawy-rodzinne","status":"publish","type":"post","link":"https:\/\/bktkancelaria.pl\/en\/brexit-and-family-matters\/","title":{"rendered":"Brexit and family matters"},"content":{"rendered":"

On 31 December 2020, the transitional period under which the UK left the European Union came to an end. With this date, the provisions of the Regulation came into force, among others. Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (SI 2019\/479). They set out a number of changes to legislation in the field of judicial cooperation in civil and commercial matters. This includes rules on jurisdiction and the recognition and enforcement of judgments. The reorganisation of a number of procedures has meant that issues concerning, inter alia, family law continue to raise some jurisprudential questions. Accordingly, in today's article I will deal with clarifying this, How brexit has affected family matters. <\/strong>I will point out which pieces of legislation have been the basis for sentencing in England to date and those that apply now.<\/span><\/p>\n

I invite you to read on.<\/p>\n

The date matters<\/h2>\n

31 December 2020 is the cut-off date that marks the impact of the UK leaving the EU. It is therefore of considerable significance for litigation - including family and succession matters. Litigation commenced before the end of the transition process (and therefore before 31.12.2020)\u00a0will continue in accordance with the applicable law and the principles of Council Regulation 2201\/2003 (Brussels IIa) to determine jurisdiction. Indeed, until now, it is this legal act that has<\/span> applied to all divorce, legal separation and divorce annulment cases in England and Wales - in addition, whether or not the case is cross-border.<\/p>\n

Explanation:<\/strong><\/p>\n

Determining jurisdiction means nothing more than designating the court with international jurisdiction. Indeed, the purpose of this act is to designate the competent court that will hear and determine certain cases or carry out other acts in civil proceedings. On the basis of this, the spouses\u00a0may have the right to bring an action before a court in several different Member States. Parallel proceedings are avoided by the lis pendens rule in Article 19, which requires the court second seised to suspend the proceedings pending before it.<\/span><\/p>\n

By contrast, EU rules can no longer be invoked in cases where the claim (or application in a non-proceeding) is brought after 31 December 2020. Consequently, judgments rendered by the courts of Member States will not automatically be recognised in the UK. These issues are governed by the relevant international agreements or UK domestic law.<\/p>\n

Divorces in the UK<\/h2>\n

Until now, the Brussels II bis Regulation has been applicable between EU Member States and the UK and has been a tool for determining, among other things, the<\/p>\n