Retained right of Residence with divorce after Brexit

[valeria56]

My husband and I are looking at a divorce and I'm wondering what the rules are regarding Brexit. I'm an EEA national and he is non EEA (from South America), we have been married for 3,5 years, and we have been living in the UK together for 3 years now. We have both been granted pre settled status.
I read that if you're married for at least 3 years, the non EEA partner can apply for Retained Rights of Residence. (I'm self sufficient)
Ideally I would like to return to my home country and for him to be able to stay in the UK without having to switch to a working visa.

What I can't find and would like to know is if Brexit changes these rules. https://www.gov.uk/family-permit/retain ... -residence

• Is it still possible for the non EEA partner to get Retained Rights of Residence with a divorce after Brexit or do we have to divorce before Brexit (31st Dec 2020)?
• If the rules change after Brexit, is it even possible to divorce in 3 days before Brexit?

[CR001]

If the rules change after Brexit, is it even possible to divorce in 3 days before Brexit?

Not possible at all. A divorce in the UK takes many months.

[goodpartner]

My husband and I are looking at a divorce and I'm wondering what the rules are regarding Brexit. I'm an EEA national and he is non EEA (from South America), we have been married for 3,5 years, and we have been living in the UK together for 3 years now. We have both been granted pre settled status.
I read that if you're married for at least 3 years, the non EEA partner can apply for Retained Rights of Residence. (I'm self sufficient)
Ideally I would like to return to my home country and for him to be able to stay in the UK without having to switch to a working visa.

What I can't find and would like to know is if Brexit changes these rules. https://www.gov.uk/family-permit/retain ... -residence

• Is it still possible for the non EEA partner to get Retained Rights of Residence with a divorce after Brexit or do we have to divorce before Brexit (31st Dec 2020)?
• If the rules change after Brexit, is it even possible to divorce in 3 days before Brexit?

Of course, the principal of parliament sovereignty allows them to change any law, however, I am not sure they will do it.

And the question is, will they be in breach of withdrawal agreement if they change it? As far as I understand, they should allow people to have rights they have before Brexit.

Correct me if I am wrong.