Primarily, the role of the EU in divorce-related issues is to ensure that decisions made in one member state can be implemented in another member state. In addition, EU also has a role in establishing and identifying the country having jurisdiction to hear a particular case. The European Commission estimates that out of the 2.3 million marriages in the EU every year, around 350,000 marriages occur between people from different EU nations. This upward trend can be attributed to the fact that there is free movement of labour between EU member states. This freedom of movement has led the people to travel more frequently from one state to another in search of jobs and, consequently, resulted in more marriages between people from different EU nations. The living arrangements of these couples are affected by their jobs. Therefore, while these couples may live in the home state of one of the partners, their jobs may demand them to live in a member state that is not a home state to any one of them. Research indicates that when inter-state couples relocate to another EU state, they are too consumed with their living arrangements initially. However, soon the feelings of disorientation and loneliness associated with being in a foreign place become common. This can sever a couple’s marital relations.

The EU has a high divorce rate and it is estimated that 16% of these divorces involve people from different member states. Since the divorce laws of each of these member states are so different, these couples have to be aware of the divorce procedures across the EU and find a way to deal with the wide variations in these divorce laws. In Northern Ireland, a couple would need to be married for four years before they can apply for a divorce, whereas in Spain and Scotland, you do not have to remain married for even a year before you can file for a divorce. The divorce laws of Sweden do not require you to prove any specific reason for divorce but do require you to enter into a six-month consideration period if it is a contested divorce or if you have a child under the age of 16. Compare and contrast these laws with the laws in Malta, where divorce is considered illegal altogether. While EU does play an important role with respect to some of the divorce issues, the need of the hour is to consolidate the divorce laws of the different member states. It becomes extremely critical to harmonize the divorce laws of the EU member nations to allow more flexibility to the couples. There are times when the jurisdiction of some states is more favourable for a particular case. In such cases, people opt for these jurisdictions only to receive the benefits associated with the divorce. It would be important to curb such instances via a pre-martial agreement. In fact, the European Commission has already proposed to take steps towards this initiative. There are also some proponents of a universal divorce law, which would apply to people of all countries and religions of the world. While this may appear to be an easy idea, it can be very difficult to implement. In addition, because the cultural background and social setup of each country are so different, it might not be a good idea to have a blanket solution. Let us analyse some reasons why a universal divorce procedure can be difficult to create.

Factors That Make Unified Divorce Law an Unfeasible Option

• Family law of each country is still very much tied to its culture and national character. Muslim nations, because of their male-dominant culture, have different procedures related to divorce because a husband has a more powerful position in a marriage than a wife. Therefore, while it is very easy for a husband to obtain a divorce without proving any fault, obtaining a divorce is relatively tougher for a wife because a wife will have to go to court and prove the reason for divorce. Italy, on the other hand, has strong church influence. Due to this, divorce used to be unobtainable until the 1970 and the divorce rates are still very low. In addition, Malta has frowned upon any suggested change that looks at altering its divorce law. This would make it very tough for the lawmakers to come up with one law for all the religions or regions.


• For the laws of various countries to be unified, an extensive study would have to be undertaken to ensure that a best option is chosen amongst the various alternatives available. However, choosing the best possible option can be a subjective matter, which can lead to problems in formulating the law.

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James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk