UK-EU cross-border maintenance disputes
Published 12 January 2021
This guidance explains the changes to UK-EU cross-border maintenance disputes from 1 January 2021.
It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals.
If you are currently or soon to be involved in a case that you think may be affected by this you should speak to a lawyer or Citizens Advice as soon as possible. You should also speak to a lawyer or Citizens Advice if your case involves an EU country and Scotland or Northern Ireland.
This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in Scotland or Northern Ireland, you should seek advice on mygov.scot or nidirect.gov.uk
Family law disputes from 1 January 2021
EU laws about family proceedings no longer apply to the UK from 11pm on 31 December 2020.
This affects rules on:
- the country that family law disputes are heard in
- how decisions made in one country are recognised and enforced in another
This applies to cases in England and Wales for:
- divorce
- matters relating to children (including on child abduction)
- maintenance
New Cases
If you make new or further applications after 11pm on 31 December 2020, your application will need to be made under a different process.
However, you should still contact your nearest Maintenance Enforcement Business Centre (MEBC) for assistance with the enforcement of maintenance decisions.
Ongoing cases
If you have an ongoing case about maintenance payments for a child or spouse/registered partner in England, Wales or an EU country as at 11pm on 31 December 2020 your case will continue unchanged.
Visit the Child maintenance if one parent lives abroad page to learn more about what you need to do.
Enforcing decisions
If you have a child maintenance decision, which you want to have recognised and enforced in an EU country from 1 January 2021, contact your nearest Maintenance Enforcement Business Centre (MEBC) as soon as possible.
If your maintenance case was resolved and has been recognised by the relevant court in an EU country before 11pm on 31 December 2020, you should not be affected.
Speak to a local lawyer for specific advice if possible.
Cases where all parties are in the UK
The Child Maintenance Service applies to cases where the paying parent, the receiving parent and the child are all in the UK– this will not change.
You may also wish to read guidance on:
UK-EU cross-border divorces
Published 12 January 2021
This guidance explains the changes to UK-EU cross-border divorce cases from 1 January 2021.
It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals.
If you are currently or soon to be involved in a case that you think may be affected by this you should speak to a lawyer or Citizens Advice as soon as possible. You should also speak to a lawyer or Citizens Advice if your case involves an EU country and Scotland or Northern Ireland.
This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in Scotland or Northern Ireland, you should seek advice on mygov.scot or nidirect.gov.uk.
Family law disputes from 1 January 2021
EU laws about family proceedings no longer apply to the UK from 11pm on 31 December 2020.
This affects rules on:
- the country that family law disputes are heard in
- how decisions made in one country are recognised and enforced in another
This applies to cases in England and Wales about:
- divorce
- matters relating to children (including on child abduction)
- child maintenance
New and ongoing divorce cases
If you applied for divorce in England and Wales or an EU country before 11pm on 31 December 2020, your divorce will continue under the current EU rules (even if the process is not finalised until after 11pm on 31 December 2020). When your divorce becomes final, it will be recognised in England and Wales or an EU country under the current EU rules.
If you apply for divorce in England and Wales or an EU country after 11pm on 31 December 2020 new rules will be in place. If you are applying in England & Wales you should apply in the same way.
Divorce recognition
If your divorce was granted in England and Wales or an EU country before 11pm on 31 December 2020, it will be recognised in England and Wales or an EU country under the current EU rules.
Getting your England & Wales divorce recognised in an EU country if you applied for it after 11pm on 31 December 2020 may be affected. Getting your EU divorce recognised in England and Wales if you applied for it after this time it will also be subject to new rules.
Speak to a lawyer or Citizens Advice to get specific advice about your case and any action you need to take.
You may also wish to read guidance on:
UK-EU cross-border disputes about parental responsibility
Published 12 January 2021
It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals.
If you are currently or soon to be involved in a case that you think may be affected by this you should speak to a lawyer or Citizens Advice as soon as possible. You should also speak to a lawyer or Citizens Advice if your case involves an EU country and Scotland or Northern Ireland.
This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in Scotland or Northern Ireland, you should seek advice on mygov.scot or nidirect.gov.uk
Family law disputes from 1 January 2021
EU laws about family proceedings no longer apply to the UK from 11pm on 31 December 2020.
This affects rules on:
- the country that family law disputes are heard in
- how decisions made in one country are recognised and enforced in another
This applies to cases in England and Wales about:
- divorce
- matters relating to children (including on child abduction)
- child maintenance
New cases
If you apply for new arrangements for your children in England or Wales or an EU country after 11pm on 31 December 2020, new rules will be in place but you should apply in the same way. This includes applications about children you already have agreed arrangements for.
Speak to a local lawyer as soon as possible to get specific advice about your case and the actions you need to take.
Ongoing cases
If you have an ongoing case about arrangements for your children in England or Wales or an EU country as at 11pm on 31 December 2020, your case will continue under the current rules.
Order recognition
If you have an order in place about arrangements for your children that has been made in England or Wales or an EU country before 11pm on 31 December 2020, it should not be affected. However, if you make further applications (even about the same child or children) after this time, different rules will apply for having the order made or accepted in the other country.
Speak to a local lawyer as soon as possible to get specific advice about your case and the actions you need to take.
International parental child abduction
From 1 January 2021, the rules about abducted or wrongfully retained children in EU countries have mostly not changed.
If your child has been abducted to, or is being wrongfully kept in, another country by another parent or a relative, you should get legal advice from a specialist lawyer.
You should also, if possible, get local legal advice in the country the child has been taken to, and you should contact the Central Authority for England and Wales (ICACU) and the charity Reunite.
You may also wish to read guidance on: