Brussels, 23/03/2010 (Agence Europe) - EU Justice Commissioner Viviane Reding will publish the very first item of “strengthened cooperation” legislation on Wednesday 24 March to allow married couples from different countries (whether EU member states or not), known as “international couples”, to be free to choose the legal system which will decide on their divorce (see EUROPE 10100). In theory, the applicable divorce laws should be the country where the couple has close ties like permanent residence or nationality, but if the couple does not agree on this, the Commission's draft rules would decide on the applicable divorce laws as follows: The legal system of the country where the couple usually lived together; failing which, the legal system of the last country where they lived together, if one of the couple still lives there; or failing that, the legal system of their common nationality (if they share nationality); or failing that the law system governing the court at which they apply for divorce. The draft rules should make it possible to avoid situations of couples racing to court because at present, it is the rule of “first come, first served” that applies. They should also protect the weakest spouse by preventing the richer spouse from going to live in a country where the divorce laws are more in their favour. If this “strengthened cooperation” is agreed upon, it will only cover countries which choose to take part. At the moment, some 10 member states (Romania, Hungary, Austria, Spain, Italy, Slovenia, Luxembourg, Greece, Bulgaria and France) want to activate this procedure to get round Sweden's 2008 veto on the European Commission's initial draft legislation in this connection (see EUROPE 9677). (B.C./transl.fl)