As yet the full implications of Brexit for family law are unknown.
There is no immediate change in that the UK will remain a member of the EU until such time as terms of withdrawal are agreed. However, for the foreseeable future family lawyers will face uncertainty and understandable anxiety from clients.
Governed by EU Law
Family law in Scotland, like the rest of the UK, is heavily governed by EU law, in particular the rules of jurisdiction for raising actions for divorce or decisions concerning maintenance. Clarity on this issue – where cases can be heard – will be a key issue to resolve as soon as possible.
If as a result of Brexit there is a downward turn in financial markets, which will in turn affect people’s personal finances including pensions, investments and also their homes, it will be interesting to see how these issues will be dealt with upon divorce, and in particular in Scotland, where spouses claims to matrimonial property are assessed on their date of separation.