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Brussels II
This major piece of legislation from the European Union has introduced identical jurisdiction for divorce matters across Europe. The same connecting factors must exist in each country.
But crucially, it provides that the first party to issue secures the proceedings in that country. This may be notwithstanding that the family may have a closer connection with another country. It may be notwithstanding an agreement between the couple that is another country would do with their divorce. Specifically it encourages one spouse to break quickly and issue proceedings rather than engage in counselling, mediation or negotiation.
As a consequence, it is fundamentally important that urgent action and advice is taken if there is another European Union country with a connection with the family. There are dramatically different outcomes in various countries around Europe and one country may be significantly more beneficial, or more disadvantageous, then another country.
Brussels II has also introduced significant improvements in issues of child abduction, recognition of contact orders around Europe and other aspects of harmonisation of family law.
See our article on Brussels II on our information pages including specifically the legislation known as Brussels II bis which amended and updated Brussels II
