How has Brexit affected your cross-border case?

How has Brexit affected your cross-border case?

How Has  Brexit Affected Your Cross-border Case?

When the transition period came to an end on 31 December 2020 at 11pm, EU laws regarding family proceedings ceased to apply to the UK.

Rules regarding the country that disputes about family law are heard in and how any decisions made by the courts in one country are recognised and enforced in another, are affected. This includes divorce matters, child maintenance and other child-related matters (including child abduction) in England and Wales.

These changes have the potential to impact many people, including, but not limited to, British nationals who are married to EU nationals, UK residents who are not British nationals and anyone who was born abroad and now resides in the UK.

What if I applied for a divorce before 31 December 2020?

If you had already applied for a divorce before 11pm on 31 December 2020, the UK government has confirmed that your divorce will  continue under the previous EU rules and it will be recognised under these rules (by both England and Wales or another EU country).

What if I applied for my divorce after 31 December 2020?

There are new rules for getting your England and Wales divorce recognised in an EU country and vice versa. Your solicitor should be able to guide you through this process.

Important changes to cross-border cases

Until 31 December 2020, if two divorce petitions were filed in the UK and another EU country, the first petition that was filed would have automatically had priority.

Now, if two divorce petitions are filed in this way (one in the UK and one in an EU country), the jurisdiction will be decided by working out which is more appropriate, taking into account factors such as where the family home is and where the family live and work.

With regards to cross-border maintenance disputes, the application process has changed since 31 December 2020 at 11pm. However, if you have an ongoing spousal or child maintenance case in England, Wales or an EU country (as of 31 December 2020), this can continue unchanged. Equally, with regards to enforcement of child maintenance decisions, as long as your maintenance case was resolved and recognised by the courts in an EU country before the Brexit deadline, you should also be able to continue as before.

The UK has a list of countries which can enforce child maintenance decisions made by UK courts (known as REMO – Reciprocal Enforcement of Maintenance Orders – countries).

Needless to say, this is an extremely complex area of law and it is vital to seek legal advice, tailored to your individual circumstances, from an experienced family lawyer. Get in touch to book your free video consultation with one of our family lawyers to discuss your case today. Neil Graham, a Partner at Grayfords comments as follows: “The Brussels Conventions to which the UK was a signatory until 11.00pm on 31 December 2020 created clarity and certainty over where family and financial proceedings could be commenced, what happened if they were commenced in more than one EU country and how decisions made in one EU country were recognised in another.  These issues are now dealt with by a number of disparate Conventions (depending upon the nature of the claim) and provisions contained within UK domestic law. There is also now an element of discretion over where proceedings should continue if they are commenced both in the UK and in an EU member state. It is, therefore, particularly important to obtain expert specialist advice at the very outset of a case where the parties have links with the UK and an EU member state.”

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Regular Catch-up Strategies


At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.