Divorcing Europe: reflections from a Scottish perspective on the implications of Brexit for cross-border divorce proceedings

Carruthers, J. M. and Crawford, E. B. (2017) Divorcing Europe: reflections from a Scottish perspective on the implications of Brexit for cross-border divorce proceedings. Child and Family Law Quarterly, 29(3), pp. 233-252.

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Abstract

This article addresses the implications of Brexit for cross-border divorce proceedings. It sets out the background to Brexit, and outlines the import of the Great Repeal Bill for private international law rules concerning matrimonial proceedings. The current constitutional position within the United Kingdom with regard to private international law is explored, and the existing law on cross-border divorce, as it applies to the different types of divorce proceedings which present in British courts, explained. The mapping of existing rules serves as an introduction to the main purpose of the article, which is to speculate and advise on post-Brexit regulation of cross-border matrimonial proceedings. To this end, the authors present a fictional dialogue which discusses the effect of converting Brussels II bis into UK law as part of the transfer of the acquis communitaire, and debates the respective merits, for the longer term, of the UK Government’s seeking to negotiate with the EU an agreement on private international law matters guaranteeing reciprocity, or of refining existing private international law rules contained in the Domicile and Matrimonial Proceedings Act 1973 and the Family Law Act 1986, so as to cater for ‘EU divorces’ in the same way as ‘non-EU’, international divorces.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Crawford, Professor Elizabeth and Carruthers, Professor Janeen
Authors: Carruthers, J. M., and Crawford, E. B.
College/School:College of Social Sciences > School of Law
Journal Name:Child and Family Law Quarterly
Publisher:Jordan Publishing
ISSN:1358-8184
ISSN (Online):1742-6618
Copyright Holders:Copyright © 2017 Jordan Publishing
First Published:First published in Child and Family Law Quarterly 29(3): 233-252
Publisher Policy:Reproduced in accordance with the publisher copyright policy

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