The European Divorce (applicable law). Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation

• Author: Crina Alina Tagarta (De Smet)
• Pages: 116-127

European Integration - Realities and Perspectives. Proceedings 2015

116

The European Divorce (Applicable Law)

Council Regulation (EU) No 1259/2010 of 20 December 2010 Implementing

Enhanced Cooperation in the Area of the Law Applicable to Divorce and

Legal Separation

Crina Alina Tagarta (DE SMET)1

Abstract: The main objectives with this paper are to give a brief overview of the Scope of application of the

regulation; of the main conflict-of-law rules adopted by the regulation, in special those that are more relevant

to the role that a notary might have in an international divorce situation. The regulation provides citizens with

appropriate outcomes in terms of legal certainty, predictability and flexibility, protects weaker partners during

divorce disputes and prevents 'forum shopping'. This also helps avoiding complicated, lengthy and painful

proceedings. More specifically, it allows international couples to agree in advance which law would apply to

their divorce or legal separation as long as the agreed law is the law of the Member State which they have a

closer connection with. In case the couple cannot agree, th e judges can use a common formula for deciding

which country's law applies. This paper will bring to light some risks and coordination difficulties with the

regulation and a few matters that the regulation does not apply to.

Keywords: international couples; Member State; European Union

1 Introduction

The European Union has set itself the objective of developing an area of freedom, security and justice,

by adopting measures relating to judicial cooperation in civil matters having cross-border implications.

At the same time, increasing the mobility of citizens within the internal market calls for more

flexibility and greater legal certainty.

Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in

the area of the law applicable to divorce and legal separation (called Rome III Regulation)2 is an

instrument implementing enhanced cooperation between the participating Member States. The

enhanced cooperation allows a group of at least nine Member States to implement measures in one of

the areas covered by the Treaties within the framework of the Union’s non -exclusive competences

(Vucheva, 2008).

1 Danubius University, Faculty of Law, Master's Studies, European law and public administration, Address: 3 Galati Blvd,

Galati 800654, Romania, Tel.: +40 372 361 102, fax no. +40 372 361 292, Corresponding author:: crinatagarta@yahoo.com.

2 (OJ n. L 343, p. 10 ff.).