Posts Tagged international divorce
Greece becomes the 16th EU member state adopting Regulation 1259/2010 (Rome III) in regards to divorce proceedings.
Rome III allows international couples to choice the law to be applied to their divorce or legal separation proceedings. The so-called principle of freedom of will is thus the guiding principle in EU divorce proceedings under Rome III. Yet, the choice of applicable law has limitations in the sense that it can be only within certain countries’ legal systems which are somehow connected to the relationship. In addition, the Regulation provides for the law to be applied in the event of no selection on the part of the parties to be divorced. In the event the couple cannot agree on the applicable law, a common method will be available to Judges to assist them in deciding which country’s law to be applied. As far as the connection elements go, Regulation 1259/2010 puts more weight in the habitual residence of the parties as opposed to nationality, both in regards to the law available to the parties to choose from and the applicable law in the absence of a selection from the parties. Rome III aims to limit forum shopping but has no effect in national divorce and marriage legislation of the EU member states. The validity of a marriage is still determined under each member state’s law. If -for example- a marriage is not valid under Greek law, Rome III is inapplicable in Greece in that case and Greek law is not available to be selected as a forum for the specific divorce.