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06 October 2019 / Graeme Fraser
Issue: 7859 / Categories: Features , Family , Brexit
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Brexit: a cautionary tale for divorcing couples?

Brexit is not divorce writ large but there are some parallels when it comes to brinkmanship & punishment, says Graeme Fraser
  • Like Brexit, divorce has traditionally been framed in similarly adversarial and belligerent terms and this has also led to counterproductive behaviours.

Brexit has been characterised as a divorce so often that it has become a cliché. Two parties are ending their formal relationship, with emotions running high and a financial settlement looming large. However, Brexit and divorce are not quite as similar as they might appear. 

Brexit is vastly more complicated than divorce. Divorce involves two individuals, while Brexit involves a supra-national organisation, 28 culturally-diverse states and a combined population of over half a billion people with wide-ranging viewpoints. International and domestic politics come into play in Brexit with no equivalence in divorce. The EU are concerned to discourage other member states from following the UK’s lead and must consider the Good Friday Agreement. Meanwhile, the UK Government must ensure any deal is approved by Parliament.

Brexit negotiations are governed by EU law

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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