The European Commission is hoping to overcome objections by some member states to its cross-border divorce proposals by making a new compromise deal.

The original proposal, submitted by the Commission in 2005, had to be discarded last year, despite three years of intense negotiations, after liberal Sweden preferred to keep to its system of granting divorces and conservative Malta objected in view of its no-to-divorce stand. Malta had also managed to negotiate an opt-out clause to ensure new rules would not be applicable to it.

In a bid to secure a deal, EU Justice Commissioner Jacques Barrot said the Commission intended to present a fresh proposal on transnational divorce, known technically as Rome III, without resorting to the mechanism of enhanced cooperation requested by 10 member states.

Following the failure of last year's negotiations, France, Romania, Bulgaria, Hungary, Austria, Spain, Italy, Slovenia, Luxembourg and Greece made a formal request to the Commission proposing enhanced cooperation to allow some member states to move alone on certain issues. However, the Commission is resisting this move and is instead suggesting a new round of talks.

"I have not buried our so-called Rome III proposal on the law applying to transnational divorce," Mr Barrot said.

He said the Commission would soon recommend that member states resume talks on the text of the compromise put forward by the French Presidency last April. The Commission would also be making fresh amendments.

The French text stipulated that, in case of disagreement between the parties on the law applicable to divorce, it was the law of the last habitual place of residence of the spouses that applied. In the event of agreement, the parties could choose the law that was applicable to them depending on restrictive criteria. However, a new article is being suggested allowing member states to accept this compromise only by way of a voluntary declaration.

According to Commission sources this meant the countries that did not subscribe to the declaration could benefit from a "softer system" allowing them to continue applying their national law.

The proposed text would also comprise a revision clause giving the Commission the possibility to issue a report after five years in which it could envisage modifying the regulation depending on the possible developments of the European Court of Justice's jurisprudence.

The sources said Mr Barrot was expected to give his go-ahead soon for a communication addressed to member states to introduce the amended draft regulation.

According to EU rules, all member states would have to back this proposal to become law.

The EU has no competence to oblige member states to allow divorce.

Malta is the only EU member state where divorce is forbidden.