Can the EU harmonize divorce?
Jan 19th, 2009 by Holly Fox
Whenever I tell anyone in Brussels that I’m interested in family policy, they wave their hands at me and remind my that families are not one of the ”competencies” of the European Union. Member nations would never let the EU tell them what to do in such private matters.
And yet there are situations where a more coordinated approach might be beneficial. This summer The Economist depicted the consequences of a lack of unity in this vivid example:
She was French; he was English; they had just moved to London from Paris. When he found out about her affair, she begged for a reconciliation. He was more ruthless: the same afternoon, he filed for divorce in France, one of the stingiest jurisdictions in Europe for the non-earning spouse and where adultery affects the court’s ruling. Had she filed first in England her conduct would have been irrelevant, and she would have had a good chance of a large share of the marital assets, and even maintenance for life.
This is the sad side to EU integration, increased mobility and all those lovely study abroad programs.
Today the justice ministers from each of the EU member countries met informally in Prague. As Deutsche Well reports, there was little consensus on the matter
The Czech Justice Minister Ji?í Pospíšil saw hope in the concept of “enhanced cooperation” where groups of member states can ask the Commission to apply laws to them that the rest of the bloc hasn’t agreed to yet. But most other ministers, including EU Justice Commissioner Jacques Barrot did not think it was the time for enhanced cooperation. A measure to clear up where a couple should get divorced was shot down by Sweden in 2006, with the argument that Swedish citizens might be forced to accept a less favorable divorce than Swedish law provides.
That is ultimately the problem. Across the EU there is a wide range of approaches to divorce, leading to the scene at the beginning of this post. But there will be no harmonization of divorce law. Remember, the EU isn’t responsible for those sorts of things!
