States set to divide on divorce proposal

Sweden has told the Slovenian presidency that it cannot support a proposal which would make it easier for couples to divorce in other EU states.

The first meeting by member states’ experts to discuss the proposal will take place on 21 January but informal contacts have already been made between the Swedish and Slovenian government on this issue.

"The Swedish parliament is quite concerned about a proposal that could have any negative influence on equality between the sexes. The parliament is therefore keen that the government shouldn’t co-operate on anything which might endanger Swedish courts applying Swedish law," said one EU diplomat.

The proposal, which was submitted by the European Commission in July 2006, would allow couples of different nationalities or who are living in an EU country other than their own, to choose which divorce law should apply to them.

Officials have suggested compromises which would limit the need for courts to apply foreign law on divorces, but Sweden has said it still fails to see the need for EU interference in this area of law. Finland and the Netherlands have also expressed reservations about the proposal - known as Rome III - because of fears that their courts would be obliged to enforce more restrictive divorce laws.

Courts could be expected to enforce stricter divorce laws from other EU states, such as Ireland, where couples must be separated for five years before they can be granted a divorce, and even laws from outside the EU, such as Islamic divorce code.

Slovenia has said that it would like to see the proposal finalised during its presidency.

A unanimous vote among member states is required for the proposal to pass and the UK and Ireland, which have the right to opt out on justice and home affairs matters, have already announced that they would opt out of it.

Sweden has told the Slovenian presidency that it cannot support a proposal which would make it easier for couples to divorce in other EU states.