EU Divorce Regulation still Out of Reach

Brdo pri Kranju, 26 January

EU justice ministers were unable to reach agreement on Saturday on a new regulation that would allow transnational EU couples to choose where to divorce but end "forum shopping", an increasingly common practice couples seek the most favourable settlement in different member states.

The deal is deadlocked due to the reservations of Sweden, one of the most liberal EU countries in terms of divorce law, where childless couples can divorce immediately while those with children under the age of 16 are allowed to part ways in six months. In some other countries the procedure takes years.
The regulation (known as Rome III), is a step back for Sweden, Swedish Justice Minister Beatrice Ask said after the meeting. As she explained, if the proposal was endorsed this could mean that Sweden would have to apply foreign law in many divorce cases.
But the Slovenian EU presidency says it will endeavour to find a solution nevertheless. "We will try to pinpoint the possibilities, examine the explanations and try to find a way," Justice Minister Lovro Sturm said after the informal meeting of justice ministers at Brdo pri Kranju.
"It is premature to talk about a compromise final solution," European Justice Commissioner Franco Frattini added.
There are an estimated 100,000 divorces by transnational couples in the EU each year, approximately 20% of the total, which provides a strong incentive for common rules applicable across the bloc.
"In family law it is difficult to imagine we are harmonising the law in 26 countries but not in one (...) it is one the worst areas where we should start putting forward proposals for enhanced cooperation," Frattini said.
The ministers did however reach an agreement on maintenance obligations, which will simplify procedures and make the enforcement of judgments by a court in another member state directly executable.
"This will significantly shorten procedures for claimants," Sturm said.

EU Divorce Regulation still Out of Reach

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