EU proposal would simplify divorce for international couples

IRELAND could have 25 sets of divorce laws if an EU proposal is passed.

But the choice would only apply to an Irish person married to someone from another EU member state, or to a non-Irish couple from the Union.

The proposals would allow a couple, one or both of whom are non-Irish, but who are living in Ireland, to choose what country’s divorce laws would apply to them — the country which either is from or the country where they are living.

An Irish couple living in Ireland would continue to have to abide by the country’s strict rules, including being separated for four out of the previous five years.

The Government has already objected to the proposals in a response from the Department of Justice, and could opt out of the law or veto it.

The proposals are designed to make divorce easier for couples in a so-called international marriage, which currently make up one in six marriages in the EU.

The average divorce rate in the 25 member states is close to 40%, but it is higher for international couples, half of whose marriages currently end in divorce. Ireland’s divorce rate is around 15%.

Both parties would have to agree and could then apply to the Irish courts for their divorce under the law of the country they choose.

EU law expert Dr Geoffrey Shannon said the issue was fraught with difficulties but the proposals were an attempt to tackle difficulties these couples currently face.

“If a Finn wishes to divorce her Irish husband, they either have to wait four years under the Irish system or she can give up her job, return to Finland for six months, and get her divorce there,” he said.

“But this militates against her right to work, and the EU is asking why should a person have to take such a drastic step.”

However, the proposals do not solve the problem of the rush to court, where, for instance, a spouse can opt for the country he knows will give the most advantage in terms of property division and maintenance.

“A lawyer will still have to tell his client that under Irish law they should go for mediation first, even though this may in fact give their spouse the time to rush to court in the country that suits him best,” said Mr Shannon.

The submission from the Department of Justice said it was not in favour of allowing spouses to choose, and it believed that if the proposals became law they would be open to abuse.

The proposals will go to the European Parliament for its opinion, but the final decision will be made by the member states, which must agree unanimously. Ireland and Britain could opt out.