European Union undecided over how to divorce

European Union justice ministers wrangled yesterday over which law to apply when a couple of two different nationalities chooses to divorce.

Despite around 170,000 international marriages ending in divorce in the 27-nation bloc each year, according to EU figures, there are no common rules dictating which country's laws to apply.

Spouses sometimes rush to a court in their country of origin in a bid to try and get the law on their side.

Most EU states agreed yesterday to try and establish common rules, but Sweden - worried it will have to compromise its liberal divorce law - refused to accept any EU ruling forcing it to apply any law other than its own, diplomats said.

"Swedish courts should always apply Swedish laws," Swedish State Secretary for Justice Magnus Graner told reporters after talks with his EU counterparts.

All member countries need to agree for any EU law to enter into force. Debate will now continue at experts' level. The debate touches on a sensitive issue, with wide-ranging marriage and divorce laws between the EU and other countries, as well as across the bloc, from the liberal Nordic nations to Catholic Poland. Malta does not even allow divorce.

Gay weddings are permitted in Belgium, the Netherlands and Spain, but diplomats said other EU countries such as Poland would not want to rule on the divorce of a gay couple.

Last year, the European Commission proposed to let couples decide on the applicable law, provided they agreed and had a link with the country whose law they chose.

EU member state Denmark does not take part in EU family law and would not be affected by any new ruling, while Britain and Ireland are free to choose whether they take part.