European Divorce Law

Each member state of the European Union governs its own laws about divorce. Divorce hearings held in one member state affect others in jurisdictional matters, how they recognize decisions and the responsibility of parents with children.

Jurisdiction

Member states in which at least one spouse or respondent resides, or their original national state have jurisdiction over divorce hearings. In cases involving more than one member state, such as in joint applications, the one which first heard the case has jurisdiction.

Recognition

The European Union recognizes most divorces that occur outside of Europe and followed local law. Foreign divorces that do not follow judicial law, such as religious divorces may or may not be recognized. Europe does not recognize transnational divorces or those that begin and end in different countries.

Parental Responsibility

Children of divorced parents have the right to keep in contact with both parents, regardless if the parents live in different member states. In cases where parents abduct a child in an attempt to have a divorce hearing in a specific state, the court where the child resided before the abduction has the final decision where the child shall stay.

References

• International Divorce: Divorce in Europe
• European Judicial Network: Divorce in Europe
• European Judicial Network: Cooperation for the Protection of Children in the European Union