David Hodson on International Family Law: EU Justice Ministers approve European divorce enhanced cooperation

On Friday 4 December 2010 the EU Justice Ministers approved a draft EU Council Regulation about which country's laws should be applied on divorce and legal separation the so-called applicable law regimes. The United Kingdom is specifically not a party. It is the first "enhanced cooperation" in the history of the European Union. It allows 14 member states to go it alone without the support of all EU member states. It creates harmonised rules for determining on the divorce of an international couple which country's laws would be applied rather than necessarily the local law of the country where the divorce occurs. It will be approved by the EU Parliament later this month probably 14 December. At the moment it has the rather bureaucratic title of Council Regulation 2010/0067(CNS) - COM(2010)0105 although this will be tidied up when passed

The EU had failed to gain unanimity for a draft regulation (Rome III) imposing...

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