Divorce: Malta edges closer to cross-border agreement for international couples

On 24 March 2010, the Commission responded to a request by nine EU Member States that were frustrated with the Council’s failure to move forward (Greece was initially part of the plan and later withdrew its request). Since then, five additional countries – Germany, Belgium, Latvia, Malta and Portugal – asked to be part of the EU action.

The proposal aims to lessen the burden on children and to protect weaker partners during divorce disputes. The need for EU action is clear: There were more than 1 million divorces in the 27 EU Member States in 2007, of which 140 000 (13%) had an “international” element.

The proposed EU rules have no effect on national divorce or marriage laws. International couples will be able to agree which law would apply to their divorce or legal separation. In case the couple cannot agree, judges would have a common formula for deciding which country’s law applies. Couples would have more legal certainty, predictability and flexibility. This would help protect spouses and their children from complicated, drawn-out and painful procedures.

International couples will be able to agree which law should apply to their divorce or legal separation. Should the couple prove unable to agree, judges will refer to common rules when deciding which country’s law applies.

Former Justice and Home Affairs Commissioner Franco Frattini had proposed to harmonise divorce procedures for cross-border couples in 2006, proposals that had been opposed by the Maltese government.

Sweden is still opposed to it, while Finland, the Czech Republic and Poland are sceptical for different reasons.

Members of the EP had adopted a recommendation by Tadeusz Zwiefka, an MEP with the European Peoples Party, on a ‘proposal for a Council Decision authorising enhanced cooperation in the area of the law applicable to divorce and legal separation’.

“If it weren’t for enhanced cooperation, the states that are willing to tighten their cooperation and integration in the field of law applicable to international divorces and legal separations would not be able to do so for a long time”, commented Tadeusz Zwiefka, rapporteur of the recommendation, agreeing to such a cooperation for the first time in the history of the European Union.

“Today’s vote shows that there is a strong spirit of cooperation in the EU after the Lisbon Treaty took effect,” said Vice-President Viviane Reding, Commissioner for Justice, Fundamental Rights and Citizenship. “I’m very pleased the European Parliament has taken such quick action to add its support so hundreds of thousands of international couples can start benefiting from this measure. I also thank the Spanish Presidency for its great efforts in building a consensus around this historic vote.”

The European Parliament will now be consulted by the Council on the common rules.