How are Property Adjustment Orders treated in the EU?

Property adjustment orders from England and Wales are treated within the EU according to international agreements and local laws that regulate the recognition and enforcement of foreign judgments. Since Brexit, this process has changed, as the UK is no longer part of the EU’s judicial cooperation mechanisms. Here’s how these orders are generally treated in the EU post-Brexit:

1. Impact of Brexit:

Before Brexit, the Brussels IIa Regulation facilitated the mutual recognition and enforcement of family law judgments within EU member states, including property adjustment orders. These regulations no longer apply directly to the UK.

2. Enforcement Under Local Laws:

Post-Brexit, each EU member state determines its own process for recognising and enforcing UK judgments, relying on their national laws and any applicable international treaties.

3. Rome III Regulation:

While the Rome III Regulation deals specifically with the law applicable to divorce (and not directly with the recognition of judgments), it highlights the differences in handling matrimonial property across borders.

4. Bilateral Agreements:

The UK as we understand, is in the process of negotiating bilateral agreements with individual EU countries to facilitate the recognition and enforcement of judgments, though this is a developing area post-Brexit.

5. Hague Conventions:

The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters could facilitate recognition if both the UK and an EU country are signatories, although not all EU countries are parties to this convention.

6. Jurisdictional Reapplication:

In some cases, the party seeking enforcement might need to apply anew in the local courts of the EU country, explaining the UK court’s decision and proving the fairness and validity of the judgment.

7. Seeking Local Legal Advice:

Due to the complexity and variations in enforcement across different EU states, it is highly advisable to seek legal counsel within the relevant country. Local lawyers can provide specific guidance based on current legislation and procedural tendencies.

In summary, while the process of recognizing and enforcing property adjustment orders from England and Wales in the EU has become more complex post-Brexit, individual EU countries’ laws, potential bilateral agreements, and international conventions will be key factors in determining the outcome.

At Alexander JLO we have decades of experience of dealing with divorce England and Wales comprising of assets overseas (especially in the EU). We have links with many legal and accountancy firms there who regularly assist us in finding solutions to jurisdictional issues when it comes to property division on divorce. Why not contact us through the button on the right or call on +44 (0) 207 537 7000 for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 7th April 2025 and is correct at the time of publication. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here