From Brussels to Rome: The Necessity of Resolving Divorce Law Conflicts Across the European Union

Teresa Henderson

“As the lives of the citizens of the European Union (EU) become more and more intertwined, national borders have, in some ways, become less meaningful. National borders, however, provide jurisdictional boundaries that often are a determinative factor in the application of substantive divorce law. As international couples marry and live throughout the EU, a divorce of a couple coming from two different EU nations or a couple from one EU nation who are living in another confuses the application of this substantive law. Therefore, a resolution on the harmonization of jurisdiction and conflict of laws surrounding divorce is necessary to address the problems of legal uncertainty, unpredictability, and potential unfairness faced by international couples seeking a divorce in the European Union, in order to protect the EU’s children and to maintain a unified and universal European Union.”

For full article, see Volume 28:4

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