Proposals to introduce an EU regulation to determine the country in which couples of different European nationalities are able to issue Divorce proceedings (as considered in a previous blog of 6th May 2010) have now been endorsed by Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain.

There is considerable momentum for change to the current system to simplify the rules applicable to cross-border divorces and allow couples to elect the country where their Divorce will be heard. This choice will be subject to the parties establishing a ‘close link’ to the Member State (such as long term residence or nationality). It is intended that these reforms will reduce the risk of one spouse rushing to issue proceedings to ensure a Court of their preference is seized with control of their Divorce.

These changes are welcomed to ensure greater certainty and predictability for international couples and ensure spouses are not able to exploit an unfair advantage. The impact of these reforms will however be restricted as the regulations will only be binding upon the14 participating Member States.

The reforms must now be referred for consultation before the EU Parliament and we therefore wait to learn if this legislation will be passed.