COURT OF JUSTICE OF THE EU / Justice

Rome III regulation does not apply to private divorces granted outside EU, says Advocate General

Brussels, 18/09/2017 (Agence Europe)

Regulation 1259/2010), the Rome III regulation, which implements enhanced cooperation among 16 member states in the area of the law applicable to divorce and legal separation (see EUROPE 10281), cannot apply to private divorces based not on a constitutive decision of a court or other public authority, but on a declaration of intent of the spouses. Even if it were applicable, it could not allow such a divorce to be recognised as valid where the applicable foreign law is discriminatory.

That...