European Union moves closer to cooperation on divorce law

The EU yesterday moved a step closer to introducing the possibility of enhanced cooperation in divorce and separation law.

The European Parliament's Legal Affairs Committee gave its consent to 12 member states to cooperate on the introduction on the proposed new rules. The rules would allow couples of different nationalities or living outside their home country to choose which national law applies to them if they plan to get a divorce or legal separation. The law they choose would have to be of a country to which they have a close connection, such as long-term residence or nationality.

Enhanced cooperation is an instrument of last resort that allows a group of member states to set standards within the EU framework, without engaging all member states. The Committee's decision will have to be endorsed by the Parliament's plenary next month.

Malta, the only member state prohibiting divorce, is not among the 12 countries. However, although initially against the use of this mechanism in the area of family law, the island is now actively considering taking part in the initiative.

It has until the end of this week to announce its position, as EU justice ministers are expected to give their consent to the enhanced cooperation proposal during a meeting on Friday.

If Malta does join the other 12 countries, it will only apply the law where separations are concerned, having already negotiated text referring to the fact that divorce is not permitted on the island.

The EU so far has no competence over the introduction of divorce and it is up to each and every member state to decide on such matters.

Still, Justice Minister Carmelo Mifsud Bonnici has said Malta was mulling the idea of signing up to this initiative. This would put it in a better position to defend its anti-divorce stance as it would do so "from inside the enhanced cooperation group of member states rather than from the outside".

According to the EP, enhanced cooperation in divorce and legal separation law can benefit tens of thousands of international couples.

Each year there are more than 350,000 cross-border marriages and 170,000 divorces, or 20 per cent of all EU divorces. In 2007, member states with the biggest shares of international divorces were Germany (34,000), France (20,500) and the UK (19,500).