Divorce law within the EU

Since June 2012 14 member states of the EU agreed upon the new Rom III Regulation (No. 1259/2010) concerning divorces within the EU. These 14 member states are Germany, Belgium, Bulgaria, France, Portugal, Spain, Italy, Malta, Latvia, Luxembourg, Hungary, Austria, Romania and Slovenia.

Aim of this regulation is to facilitate and unify the determination of applicable divorce law. The so called „forum shopping“, in which the legally better advised spouse could the applicable law only by filing for divorce quickly in the country with the law to his benefit, now is much more difficult. According to this regulation now the divorce law of this country is applicable in which the spouses have their permanent residence.

The spouses also may chose the applicable divorce law by agreement. Accordingly they can alter the law of their permant residence to the law of their last residence,their nationality or just chose the law of the local Court. Such an agreement, nevertheless, requires a close connection to their style of life.