Sweden threatens to veto divorce proposal

Sweden has warned it will not accept a proposal which would require its courts to apply divorce laws from other countries. EU justice ministers will discuss the proposal today (19 April) at a meeting in Luxembourg, with the German presidency keen to see it introduced as a way of solving problems which arise when people of different nationalities divorce.

The proposal would allow couples of different nationality or who live in a country other than their home state to choose which law should apply to their divorce.

The matter has been discussed by officials for some months but Sweden insists the proposal would mean their courts would have to enforce restrictive divorce laws, such as those based on Islamic, or Sharia, law. "Sweden will not accept a proposal to apply non-Swedish divorce law," said a diplomat.

Sweden could use its veto to block the proposal since unanimity is required in the Council of Ministers.

Council officials say a "public order clause" in the proposal would allow judges to refuse to apply laws which do not respect human dignity. But Sweden officials believe the clause would not prevent cases arising where Sharia law could be imposed. "This clause should be used to deal with unforeseen circumstances not events which were foreseen to happen," said the diplomat.

Using such a clause might signal disrespect for Sharia law and cause tension between the EU and Muslim countries, according to Swedish officials.

A recent court-case in Germany has strengthened Swedish fears over the proposal. A woman claiming she was being beaten by her husband was refused a fast-track divorce by a judge who said she and her husband came from a, "Moroccan cultural environment in which it is not uncommon for a man to exert a right of corporal punishment over his wife".

But the German presidency insists the proposal would be helpful to the 170,000 cross-border divorce cases every year in the EU, which represent 16% of the total number of divorces. The European Commission and France are also strongly backing the proposal.

The UK, Ireland and Denmark have opted out of the proposal but their divorce laws would be applied in other EU states should the proposal go through. Irish divorce law would also present a problem for Sweden given that a couple must be separated for four years before they can apply for a divorce, as opposed to Sweden where a divorce can be obtained in three weeks if a couple has no children.

Malta, which does not have divorce, will support the proposal since its courts would not have to apply foreign divorce law.

Ministers will not decide on the proposal today but will discuss the sticking points. Experts will discuss it again and the presidency hopes it will return to ministers for approval in June.

Sweden has warned it will not accept a proposal which would require its courts to apply divorce laws from other countries. EU justice ministers will discuss the proposal today (19 April) at a meeting in Luxembourg, with the German presidency keen to see it introduced as a way of solving problems which arise when people of different nationalities divorce.