Brussels, 20/12/2010 (Agence Europe) - On Monday 20 December, European environment ministers formally adopted a draft regulation simplifying divorce procedures for couples of different nationalities in 14 EU member states. It has taken almost five years for this legislation, always under threat of a Swedish veto, to see the light of day. Progress became possible through the launch of the very first “enhanced cooperation” in the history of the EU. The new legislation will allow spouses to agree on the law applicable should they later decide to divorce. It will provide legal certainty, predictability and increased flexibility and help avoid long, complex and painful procedures for spouses and children.
The new rules, which should come into force by mid-2012, will mean that spouses of different nationalities, couples living in different countries or couples living together in a country other than their country of origin can choose the law that will apply should they divorce. They seek to stop people casting around for the most favourable legislation (so-called “forum-shopping”) and to protect weaker partners in divorce disputes. Soon a French-Italian couple living in Germany will be able to choose between French, German or Italian law in the event of divorce. If spouses disagree, they will have four options: the law of the state where the spouses are habitually resident at the time the agreement is concluded, the law of the state where the spouses were last habitually resident, insofar as one of them still resides there at the time the agreement is concluded, the law of the state of nationality of either spouse at the time the agreement is concluded, or the law of the state to the court of which the case is referred. Member states allowed two exceptions. Countries which do not recognise homosexual marriages will not be required to pronounce divorces of same-sex couples and Malta, where divorce is illegal, will not be required to grant separations. Once in place, the legislation will apply in 14 member states - Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain. The others will be able to do this group at a later stage. For the moment, Lithuania, Greece and the Netherlands have indicated an interest in joining. Some 300,000 transnational marriages were celebrated in 2007 and almost 140,000 divorces granted. EU justice ministers reached political agreement on 4 December (see EUROPE 10270). The European Parliament gave the go-ahead on 15 December (see EUROPE 10278). (B.C./transl.rt)