Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

01 OCT 2008

MEPs continue to call for EU divorce rules

MEPs are continuing to call for a Regulation on applicable law and jurisdiction in matrimonial matters (Rome III), despite the decision of EU Justice Ministers on 5 to 6 June that it would not be possible to get the unanimity needed to adopt the proposal.

The Regulation would afford parties a degree of choice regarding the competent court or the law applicable in divorce cases, followed by conflict of law rules to ensure that Member States' courts would normally apply the same substantive law to avoid forum shopping. MEPs are expected to vote on the matter on 11 October, having considered in committee on 9 September that the proposal should also be amended to provide more information to couples on the repercussions of their choices.

In the meantime, nine countries, France, Italy, Spain, Romania, Austria, Hungary, Greece, Slovenia and Luxembourg, have agreed to use the enhanced cooperation procedure. This procedure allows a legislative instrument to be negotiated and adopted by a group of eight or more Member States. Any enhanced cooperation agreement would in principle only affect the Member States that sign up to it.

This article is reproduced with kind permission of the Law Societies' Brussels Office. © 2008 Law Societies' Brussels Office.

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

More Info from £55.00
Available in Family Law Online

Family Court Practice, The

(Red Book)

Pre-order the 2017 edition today

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters