EU rewrites international divorce rules

Author (Person) ,
Series Title
Series Details 24.3.10
Publication Date 24/03/2010
Content Type

An Austrian woman marries a British man in the UK. The couple lives for two years in Austria with their son. The husband then leaves and the wife wants a divorce. However, she doesn't know which law will apply to her divorce. Can she get a divorce under Austrian law or does UK law apply? Thousands of Europeans find themselves in such difficult situations each year because each EU country has its own system for deciding which country’s law applies to divorces.

The European Commission proposed on the 24 March 2010 a concrete solution: a law that will allow couples to choose which country's laws apply to their divorce. The proposed EU Regulation will help couples of different nationalities, couples living apart in different countries or living together in a country other than their home country.

The aim is to lessen the burden on children and to protect weaker partners during divorce disputes. There are around 300,000 international marriages per year in the EU. The March 2010 proposal follows a request from 10 Member States (Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain) and would be the first time the 'enhanced cooperation' mechanism would be used in EU history.

Related Links
Deutsche Welle, 25.3.10: Ten EU countries move to streamline divorce process http://www.dw-world.de/dw/article/0,,5388035,00.html
ESO: Background information: Divorce reform sparks EU quarrel http://www.europeansources.info/record/divorce-reform-sparks-eu-quarrel/
EurActiv, 24.3.10: Brussels to table cross-border EU divorce rules http://www.euractiv.com/justice/brussels-table-cross-border-eu-d-news-375048
BBC News, 24.3.10: EU moves to clarify divorce laws http://news.bbc.co.uk/1/hi/world/europe/8585186.stm
European Commission: Press Release: IP/10/347: European Commission goes ahead with 10 countries to bring legal certainty to children and parents in cross-border marriages http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/347&format=HTML&aged=0&language=EN&guiLanguage=en
European Commission: MEMO/10/100: Clearer rules for international couples – frequently asked questions http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/10/100&format=HTML&aged=0&language=EN&guiLanguage=en

Subject Categories ,
Countries / Regions