A proposed new European regulation, known as Rome III, would have enabled couples to choose where in the European Union (EU) they could get divorced and what law was applied to the proceedings. The regulation stated choice could be agreed in writing at any time prior to divorce. Should the couple not choose which law should apply to their divorce, the law of the couple’s common habitual residence would apply.
Rome III is one of many EU initiatives known as the Hague Programme, which was adopted in November 2004 and designed to create a genuine area of freedom, security and justice, where decisions taken in one member state are recognised and enforced throughout the EU. Other family law regulations in the pipeline are the Maintenance Regulation and the Green Paper on conflict of laws concerning matrimonial property regimes, including jurisdiction and mutual recognition. The aim of the EU is to have clear rules on jurisdiction and applicable law for divorce and family issues and parental responsibility, and to establish common effective rules for the recognition and enforcement of decisions within the EU.
