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MEPs back plans to simplify divorce laws
Wed 02 Jun 2010
Plans to simplify the law in divorce cases in which each spouse comes from a different EU nation have been backed by Europe's legal affairs committee.
Under the proposals, international couples who are getting divorced in 12 member states would be able to decide which country's law will apply in the legal proceedings.
Spouses will be able to choose on the basis that they have a strong link to that particular country, such as if it is their place of birth.
If the couple cannot agree on which laws they want to use, the system used in their place of common habitual residence will apply.
Rapporteur Tadeusz Zwiefka said this would give couples more freedom and choice on their divorce, which he acknowledged was a "difficult moment" in their lives.
Carol Ellinas, a partner at Winckworth Sherwood, added: "Introducing a European rule which would determine where proceedings must be issued will be extremely difficult to draft and will inevitably lead to injustices.
"It is also unusual for a divorcing couple to agree on which country proceedings should be issued when they have strong links with different countries.
"It is becoming more common for divorce lawyers to give advice on which country is the best place to issue and clients often take advice from divorce lawyers in more than one country before making a decision."
According to EU figures, there are more than 350,000 cross-border marriages every year, along with 170,000 divorces.
Plans to simplify the rules have already been condemned by Ukip MEP Nigel Farage, who recently told the Telegraph the proposals represent a "massive intrusion" into family life. 
