European Union Divorce Law Pact
| European Union regulation | |
| Text adopted under the Enhanced cooperation procedure | |
| Title | Regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation |
|---|---|
| Applicability | |
| Made by | Council of the European Union |
| Made under | Article 81(3) of the TFEU |
| Journal reference | L343, 20 December 2010, pp. 10-16 |
| History | |
| Date made | 20 December 2010 |
| Came into force | 21 June 2012 |
| Current legislation | |
The European Union Divorce Law Pact or Rome III Regulation, formally Council Regulation (EU) No. 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation is a regulation concerning the applicable law regarding divorce valid in 16 countries. The regulation dictates which law should be used in cross-border divorces, while which courts should be used is determined by the Brussels II Regulation, which is valid for all European Union countries, except Denmark. The agreement, approved by Council of the European Union on 20 December 2010, took effect in the 14 original contracting parties on 21 June 2012 and makes use of the enhanced co-operation mechanism which allows a minimum of nine EU member states to establish advanced integration or cooperation in an area within EU structures but without all members being involved.
The European Union has been moving towards a common applicable law provisions for divorce law. The European Commission promulgated the Brussels II regulation in March 2001 to settle the conflict of laws relating to divorce between the members of the European Union. This regulation, amended in 2005, determines which courts will have jurisdiction over what matters. But even with this regulation, which binds all member states save Denmark, the EU large diversity in divorce laws exists, and no provisions are made which law to use. As one legal scholar noted: “The substantive law pertaining to legal separation continues to differ widely between the Member States: from Maltese law where there is a prohibition of divorce to Finnish of Swedish law where no actual grounds of divorce are required.” In addition, the legal culture in these countries varies on issues of divorce and marital property. Observers note that the generosity of settlements and alimony differ from state to state. With Brussels II holding that the first valid court to process a filing for divorce is the court that will have jurisdiction, it can matter a great deal where in the EU a ruling is made. This is true also in divorces that take place between a European national and a citizen of another country.
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