A European Commission proposal concerning the establishment of common rules for cross-border divorces is under fire by a number of European Union (EU) member states. In extreme cases the proposal, dubbed Rome III, could allow Iranian divorce rules to be applied in European courts in future.
The proposal, presented last July was not well received by Malta, which stated it will oppose any proposal that would oblige Maltese courts to apply foreign laws to evade its ban on divorce.
The proposal calls for a national legislation that allows allow divorces for people who have married someone of different European nationality or are no longer resident in their home country.
According to EUObserver, the commission believes that the law will clarify issues related to divorce jurisdictions. Hence, should a married Belgian and Finnish couple, living in Ireland decide to go there separate ways and be unable to decide which law to divorce under, Rome III would impose the law of the country where they live or have the strongest ties to.
Where non-EU citizens or non-EU states are involved, Rome III would also favour a legislature to which both spouses have a strong connection. The Swedish justice ministry document is plotting a potential scenario in which European courts have to deal with a dispute under Iranian law. "The proposal means that Iranian divorce law would be applied by the Swedish court," the justice ministry study states.
Within the EU, divorce laws differ widely. In Malta divorce is illegal, however in other countries such Sweden, it is easily obtainable. Some EU member states like the United Kingdom have voiced their dislike for Rome III because it is seen to invade national domain of family law.
See also:
Malta, Ireland opt out of EU divorce plans
By MaltaMedia News
Oct 11, 2006, 10:31 CET
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