August 16, 2010
Couples of differing nationalities living within the European Union could be given the right to decide which divorce laws are applicable during separations.
In a move to halt rushed divorces and emotional and financial strains, international couples could be given the right to choose which divorce laws are enforced upon separation following agreement from a number of EU members states.
So far, 14 Member States have pledged to cooperate with the scheme, with the remainder given the chance to do so whenever they please.
The European Commission revealed that the plans would help to protect the weaker party in a marriage should a separation occur, as well as couples of different nationalities.
Invoked this March by European Justice Commissioner Viviane Reding, the 14 participating countries will now negotiate and then vote on the European Commission's proposal for a regulation and detailed rules that will apply to international divorces.
So far, Bulgaria, Austria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain and others have agreed to the proposals, which Ms Reding believes marks a “big step towards an EU that works for its citizens”.
“People fall in love across borders, whatever their nationality. As a result, many international couples need to be certain of the rules that apply in their situation," Ms Reding said in the statement.
During divorces, judges would have a common formula for deciding which country's law applies, giving couples more legal certainty, predictability and flexibility, which would help protect spouses and their children from complicated, lengthy and painful procedures, the Commission said.
Traditionally, the UK has chosen to opt-out of such EU changes but couples moving abroad could be affected by the Commission’s decision in years to come.
