Londoners ‘will lose out in cross-border divorces after Brexit’

Individuals seeking to divorce in London after Brexit risk being left at a disadvantage in cross-border EU cases, an eminent former judge said today.

According to legal experts, transposing EU law into the English legal system, through the EU Withdrawal Bill, means courts here will continue to follow orders made by judges on family matters in other European countries.

But Baroness Butler-Sloss, who was president of the Family Division of the High Court, today warned that EU courts could ignore judgments made in England because “reciprocity” requirements would no longer apply to them after Brexit.

It could also lead to parallel court cases, in two countries, on divorces, child maintenance and other family disputes. “We do not want someone starting a divorce in London and in Warsaw and carrying it through to the end, where we may find that we have to obey what Warsaw says and Warsaw has absolutely no need to take the slightest notice of us,” she said. “This is a truly worrying thing. There is no point us applying European law if the various countries ​of Europe do not have to apply ours. That really will be such a disadvantage for British citizens.”

She said the “reciprocity” issue also needed to be addressed to help to track down partners refusing to pay child maintenance.

About 140,000 “international divorces” take place in the EU each year, many involving British citizens.

After Brexit, EU countries will still co-operate with Britain on child custody cases under the Hague Convention on The Civil Aspects of International Child Abduction. But Baroness Butler-Sloss said the current EU system often resolves these case more quickly.

Legal experts say that replicating the current arrangements would only work if the UK remains subject to the European Court of Justice.

Ministers say they are committed to maintaining an “effective system” for cross-border family disputes, with “common rules” to decide which court will hear cases, which country’s law will apply, and mutual recognition and enforcement of rulings.