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Europe Daily Bulletin No. 10270
GENERAL NEWS / (eu) eu/jha council

Enhanced cooperation on divorce

Brussels, 03/12/2010 (Agence Europe) - European justice ministers agreed on Friday to simplify divorce proceedings for couples of different nationalities in 14 countries in the EU. The new rules mean that couples of different nationalities wanting to get divorced will be able to choose which country's legislation applies to the divorce and likewise for couples living in different countries or couples living together in a country other than their country of origin or country of passport. The rules will try to restrict forum shopping and protect the weaker partner in the event of disagreement over divorce. A Franco-Belgian married couple living in Germany, for example, will be able to decide whether Belgian, German or French law applies to their divorce. If the spouses cannot agree, they will have four options - the law of habitual residence when they got married, the law of the last place of habitual residence, the law of the country of the passport of either of the spouses or the law of the country where legal proceedings are made. Friday's agreement in principle now needs to be endorsed by EU environment ministers on 20 December and the regulation will come into force in the summer of 2012. Two exceptions have been agreed upon by the member states. A country that does not recognise homosexual marriage will not have to issue divorce rulings for a same-sex marriage, and Malta, where divorce is not allowed, will not have to announce separation. The Maltese exception is disliked by the European Commission, which explains in a statement attached to the agreement that it does not want this precedent to become the rule, explained Justice Commissioner Viviane Reding. Once introduced, the rules will apply in 14 member states (Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia) but other countries may join in the future. Lithuania, Greece and the Netherlands made it clear that they are not interested in joining. Some 300,000 bi-national marriages and around 140,000 bi-national divorces took place in the EU in 2007. (B.C./transl.fl)

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