EU provides legal clarity to ‘international’ couples

COUPLES of different nationalities will have greater clarity on how to deal with property and financial issues following the break-up of their marriage or following a death, under new European Union laws.

The object of the regulations is to help prevent EU citizens losing time and money figuring out which law applies to their case and which court is competent to help adjudicate on their situation.

They will identify which law applies to a couple’s property rights and the responsible court for dealing with any dispute arising out of the breakdown of their relationship.

The proposals cover both married couples and those with registered partnerships.

They will also enable a court’s judgments to be recognised and enforced in all 27 EU member states through a single procedure.

The proposals are designed to assist the estimated 650,000 “international” couples living within the EU whose partnership breaks down each year.

Overall, it is believed there are 16 million couples of different nationalities resident within the EU.

In Ireland, 3,448 of the 22,544 marriages registered in 2007 involved a couple from different nationalities.

In the same year, 995 out of 3,684 divorces had an international dimension.

The European Commission is also anxious to avoid the growing trend of “forum shopping” or a “rush to court” where a partner makes a speedy application to a court where they believe the outcome will be in their favour.

The regulations also follow on from an agreement reached last year on legislation to determine which country’s rules apply in cross-border divorce cases.

“The death of a spouse or a divorce is a harrowing time for anyone. Citizens should not be burdened even more by complicated administrative or legal procedures that cost time and money,” said EU vice-president and justice commissioner, Viviane Reding.

“Today’s proposals will help bring legal clarity and ease the complicated process of dividing up joint assets no matter where they are located in Europe.”

Ms Reding estimated the regulations would provide annual savings of €400 million in legal costs — an average of €2,000-€3,000 per case. She pointed out that parallel legal proceedings in different countries, complex cases and legal fees can cost an estimated €1.1 billion per annum.

Brussels has stressed that the new regulations will not harmonise or change any of the substantive national law on marriage or registered partnerships.

Ireland is now one of 14 EU countries which recognises registered partnerships involving same sex couples.

As a rule, the law of the country where the partnership was registered will apply to issues involving a couple’s assets. Under the proposals, the competent court in case of the death of one partner is the court where the remaining partner has taken legal action in view of succession rights.

In relation to property rights for married couples, a case will be primarily subject to the law of the country of the couple’s first common habitual residence after their marriage.