December 22, 2010
New EU Divorce Rules
BRUSSELS — Take a German and a Frenchwoman who marry in Italy, move to Portugal and then split up: under new EU rules on cross-border marriage adopted Monday the couple will be able to choose where to divorce.
The rules, to be applied by 14 of the European Union's 27 member states in mid-2012, will enable an Austrian-Bulgarian couple living in Slovenia, for example, or a Hungarian couple resident in Brussels to choose which country's rules apply in case of separation.
Of the more than one million divorces in the European Union in 2007, around 140,000, or 13 percent, concerned couples of different nationalities, the European Commission said.
The new legislation will enable couples with different nationalities, those living apart in different countries, or those living together in a nation other than their home country, to decide which country's laws apply to their divorce.
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I am not sure what to think about the new rule. If such a rule were adopted in the US, we would categorize it as being forum shopping. The EU is not a nation, but it is increasingly becoming united.
Under the goverance of the EU, each European nation has been able to maintain its sovereignty while adopting a European version of the full faith and credit clause.
Again, I am not sure what to think about this new rule.
Posted by: Divorce Tulsa | Dec 25, 2010 10:40:43 PM