As yet, there are no common rules for divorcing in the EU. On the contrary, there are many different legal systems and procedures, which make it difficult for “international” divorcees - where spouses are either of different nationalities, live in different Member States, or have the same nationality but live in a Member State other than their State of origin - to know which laws will apply to their divorce.
To add to the confusion, the current system can also lead to "divorce shopping" where one spouse will "rush to court" before the other spouse to obtain a result that is more favourable to him or her.
Approximately 16% of the 2.2 million marriages and 875.000 divorces per year in the EU are of international character, and so the Commission has decided to intervene.
It is not proposing to harmonise national laws on divorce, but rather seeking to increase flexibility by allowing spouses to choose which of the legal systems they would prefer to use, and by ensuring access to court for EU citizens living in third countries.
The plan will have to be approved by all member states, but is likely to cause much controversy in countries such as Poland and Ireland, where the grip of the Catholic Church is strong. Maltese law does not even permit divorce and the Commission has suggested the proposed rules would not apply.
The proposal is part of ongoing work within the EU to create a genuine judicial area based on the principle of mutual recognition of judgments, in concurrence with the EU's Hague Programme.
