A new textbook published this week entitled ‘Family law leaves the EU: A summary guide for practitioners’ has been written by one of the world’s leading family lawyers, Prof David Hodson OBE MCI Arb.
It sets out the law from 1 January 2021 when EU laws no longer apply. Crucially it also explains the transitional arrangements and what lawyers should be doing on behalf of their clients to institute proceedings before the end of 2020. It sets out all of the relevant EU family laws, the UK laws dealing with transitional arrangements and the introduction of new laws for January onwards.
It gives good practice guidance and checklists throughout. In the appendices there are lists of relevant EU, Hague, UK, English, and other legislation. The more crucial texts are also included for reference. It is for the law in England and Wales but a number of elements cover the UK.
There is a chapter on public law written by a specialist contributor, Maria Murphy.
There are introductory chapters about the context of family law within the EU and impact on the UK, and the progress and involvement of family law throughout the Brexit negotiations. It concludes with areas for vital UK and EU collaboration and co-working for the benefit of family law globally.
The main part of the book covers the primary areas of divorce, maintenance and children, and the separate aspects of jurisdiction, forum, recognition, and enforcement, in a practical fashion for practising lawyers.
Key chapters include:
- Governing laws
- Divorce
- Financial aspects
- Hague Convention 2007
- Lugano Convention
- Private children law
- Public children law
- Domestic violence
- Service and taking of evidence, ADR and legal aid
- Potential areas of EU/UK future co-operation
The book is available now and more details can be found here
