Tag Archives: EU-divorce

Divorce Court Roulette?

There are many economic and political benefits resulting from creation of the European Union, but the unintended consequences also arise. Of one million marriages in EU nations last year about 140,000 were between individuals who lived in different countries. OK, getting married was not a problem, but what happens when they decide to split? It has become necessary for the European Union to introduce some guidelines as to in which of the two nations the petition for divorce will be filed. At present, couples rush to file their petition in their nation of origin on the expectation they will receive a favorable judgment. The race to judgment is creating chaos as couples use their nation as a weapon in the divorce.

The European Union will issue guidelines to assist local domestic courts determine the process of divorce. Ten of the 27 EU nations have agreed to abide by the guidelines and, hopefully, eventually all will concur. This should end divorce roulette.

D’EU Want A Divorce In Sweden?

Sweden moved to block European Union plans to stop divorcing couples from fighting over which EU cout that would legally settle their separation process. EU Justice Mnister Franco Frattini said it was “mainly Sweden opposing” the move out of concern that the laws of other nation would not provide the same protection to the most vulnerable partners in a divorce proceeding. Residents of the EU literally can shop around to find the most appropriate court for their divorce. Sweden expedites the process while other EU nations require a longer amount of time and Malta does not even allow a divorce. The Swedish government is particularly concerned over the rights of gay couples since many EU nations do not recognize such unions.

As people increasingly marry across EU boundaries it becomes more complex as to which nation has jurisdiction over a divorce or can an individual select from among the EU members in order to obtain the best setting for a divorce. Welcome to the world of marriage in the 21st century.