Eerste stap naar een Europese regelgeving rond huwelijken (en)

Nowadays, people are more likely to move freely from one country to another within the EU i, whether it’s for work, studies, or simply for fun. In this context of increasing mobility, it’s only natural for a certain number of ‘international’ couples to be formed. In any case, the stars in the eyes and butterflies in the stomach of the initial moments can soon be replaced by more technical questions: which legal system will regulate the future marriage of these "sweethearts without borders"? What if there are conficts? Or worse, what about divorce?

For better, but sometimes also… for worse

It’s a fact: more and more people are afraid to get married. And why wouldn’t they be? A glance at the divorce rates is enough to change your mind (each year 1 million couples file for divorce in the EU). With these statistics in mind, a lot of couples already feel that the potential for failure overshadows them from the start. Add to this the possibility of getting lost in a legal maze if a conflict does develop between the couple, and the "sweethearts without borders" certainly have reason to think twice.

The cost of uncertainty

Essentially, the chief difficulty is in the fact that the laws in the area of marriage and divorce differ considerably from one Member State to another within the EU. Therefore, if each of the partners comes from a different country, it is often complicated to determine which national laws will be applicable in the case of a lawsuit. The situation is equally ambiguous for a couple made up of two people from the same Member State who are living in a foreign country.

The legal uncertainty surrounding these scenarios often makes the process of divorce long, expensive, emotionally stressful and therefore very difficult to endure for those who have already had enough heartache, not to mention their children.

These are anything but isolated cases. Out of over 1 million divorce cases surveyed within the 27 Member States i in a period of one year, 140 000 of them involved "international" couples (13%). Thus, the EU will have to take action and establish clearer rules in this area so that these couples can rely on a system that willoffer them greater security and legal predictability.

The EU has seen the birth of the first procedure for enhanced cooperation in its history

By virtue of the European treaties, the procedure known as "enhanced cooperation" will allow a group of at least 9 Member States to move forward in a specific field. In the context of their cooperation, these States will thus be able to adopt measures that would be applicable only to them, without involving the entire Union.

It was precisely in this aspect that this procedure had never been put into practice up until now. But now it is a reality. The decision to launch the first enhanced cooperation was published in the Official Journal of the EU on 22 July 2010.

This first cooperation specifically concerns marital law: 14 Member States (Germany, Austria, Belgium, Bulgaria, Spain, France, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania and Slovenia) decided to establish rules that will henceforth allow international couples to choose according to the law of which state their divorce will be granted.

A final step is still required, however, before this rule comes into effect: the 14 participating states will have to approve it unanimously at the next session of the Council. After that, this cooperation will be fully effective and other States will be able to join it if they wish.

Sweethearts without borders better protected from now on

This regulation thus forms a first step towards greater security, predictability and flexibility for international couples. Partners in the future will be able to agree upon which law to be applied in the case of divorce or separation. This will also make it possible to protect the most vulnerable spouses in this type of procedure, as well as the children who are often deeply affected, sadly enough.

It is therefore a great moment for the EU, on one hand, which is giving an impulse to a procedure that is liable to lead to many other developments in numerous fields in the future and, on the other hand, for those who hope to one day experience a Love that is truly beyond all borders or nationality …