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EU Enhanced Co-operation Regulation on divorce
On Monday, 20 December, 2010, as family lawyers across Europe were looking forward to the last working week of the year, the EU Council passed a Regulation (1259/2010) about which country’s laws should be applied on divorce and legal separation, the so-called applicable law regimes. The United Kingdom is specifically not a party. It is the historic first “enhanced cooperation” in the European Union. The EU allowed 14 member states to go it alone, without needing and having the support of all EU member states. It creates harmonised rules for determining on the divorce of an international couple which country’s laws would be applied, rather than necessarily the local law of the country where the divorce occurs. It is a very important legislative measure for international families in those 14 countries, for those in the remaining EU countries where international families have a connection with the 14 countries and for all worldwide family lawyers having any EU connections in their cases
David Hodson has written a summary of the content of the Regulation drawing attention to crucial elements for practitioners, clients and future policymakers
Download the file 
enhancedcoop.pdf ()
Posted on 20 December, 2010 by David Hodson
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