Family Law

In my opinion piece dated 5 December, EU justice ministers approve European divorce enhanced cooperation, I referred to the intended new regulation dealing with applicable law on divorce of 14 member states. I said that it was expected to go before the EU parliament later in December. More details are now available.

It is "Council Regulation (EU) 1259/2010 of the 20 December 2010, implementing enhanced cooperation in the area of the law applicable to divorce and legal separation".  It was passed by the EU Council on 20 December 2010.  

It entered into force the day after publication in the official Journal of the European Union which was dated 29 December, and therefore into force on 30 of December 2010. 

Apart from Article 17, which relates to reporting requirements on member states, it shall apply from 21 June 2012. 

Some changes were made after it was approved by the EU Justice Ministers. Some of the Articles in the draft approved by the Justice Ministers have been renumbered. A fuller commentary will appear in the International Family Law journal in February.

David Hodson is a Consultant at The International Family Law Group. He acts in complex family law cases, often with an international element. 

He is an English specialist accredited solicitor, mediator, family arbitrator, Deputy District Judge at the Principal Registry of the Family Division, High Court, London and also an Australian qualified solicitor, barrister and mediator. He is a Fellow of the International Academy of Matrimonial Lawyers and author of A Practical Guide to International Family Law (Jordan Publishing, 2008). He is chair of the Family Law Review Group of the Centre for Social Justice. He can be contacted on dh@davidhodson.com.

The views expressed by contributing authors are not necessarily those of Family Law or Jordan Publishing and should not be considered as legal advice.