Regulation  

How Brexit will affect cross-border divorce

  • Describe some of the consequences of Brexit on divorce
  • Identify some challenges to being a multi-jurisdictional family
  • Define the implications of children in divorce
CPD
Approx.30min

If there are found to be false allegations of abuse, those claiming them can ultimately be stung with costs orders and damage to their credibility.

False allegations of abuse also cause untold emotional harm to children, the true extent of which can never really be properly quantified.

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If false allegations are found and a parent cannot be trusted to promote contact with a non-resident parent, then a children’s residence could also be switched.

Although children come with financial rewards in a financial settlement, parents’ primary motivation should always be to act in their best interest and should certainly not raise false allegations of abuse for financial gain.

While it is right that first consideration should be given to children in a financial settlement, special care and attention has to be given as to how their needs are positioned and met.

When looking to resolve finances, parents should be genuinely motivated by the best interest of their children and following this approach they are likely to resolve matters quickly and amicably.

Sadly though, because the financial stakes can be very high, the weaponisation of children is increasingly common.

Furthermore, as Legal Aid is now only available in a very limited number of circumstances where there are issues of domestic violence, parents can create a false narrative to use to ensure that legal costs can be paid.

Because of the role that children play in divorce proceedings, financial advisers should assess their immediate dependant cost, the impact in relation child maintenance having to be paid to a resident parent and cash flow for mortgage capacities.

With so much uncertainly in the current legal and political climate, there is potentially greater force in parties seeking to take out pre-nuptial or post-nuptial agreements.

Kiran Beeharry is a Partner in the family law team of SA Law

CPD
Approx.30min

Please answer the six multiple choice questions below in order to bank your CPD. Multiple attempts are available until all questions are correctly answered.

  1. Why is the Brussels II(a) regulation significant in cross-border divorce proceedings?

  2. What is 'forum shopping'?

  3. Which of the following is NOT factor for people deciding where to start divorce proceedings?

  4. In a post-Brexit world without reciprocal or transitional arrangements, there is a possibility of competing divorce proceedings being conducted at the same time, true or false?

  5. What is the financial reason for weaponizing children in divorce proceedings?

  6. What is the best way to resolve finances between parents?

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You should now know…

  • Describe some of the consequences of Brexit on divorce
  • Identify some challenges to being a multi-jurisdictional family
  • Define the implications of children in divorce

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