David Hodson on International Law: Non-recognition of Bulgarian divorce under Brussels II

The basis of Brussels II is the automatic recognition across the EU of divorces granted in a Member State. It is part of the EU creation of a common family law justice system. Non-recognition by one Member State of a divorce properly and regularly granted in another Member State is a severe and dramatic step.  It has just been taken.

Judgments which for these purposes are final divorce decrees must be recognised across the EU by all Member States without any special procedure being required without the jurisdiction of the court making the divorce being reviewed (Art 24) even though the divorce would not have been allowed in the other Member State on the same facts (Art 25) and under no circumstances may it be reviewed as to its substance (Art 26). There are grounds for non-recognition if recognition would be manifestly contrary to the...

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