HOW TO FIGHT A DIVORCE CASE

 

The grounds for filing for divorce or legal separation, as well as the associated procedures, are governed by national laws in EU member states. The regulations differ significantly amongst EU member states.

However, in cases involving two or more EU countries—for example, because you and your spouse live in different countries or are not of the same nationality—a number of EU regulations help determine which courts have jurisdiction and which law applies.

Where can one file for separation or divorce?
You may file for a divorce or legal separation either alone or jointly with your spouse.

Your request may be submitted to the following national courts:

if one of you still resides there, you and your spouse currently reside where you previously shared a home.if you are filing a joint application, your spouse may live where you live as long as you have lived there for the six months prior to filing and you are a citizen of that nation.
You can only file if you are not a national and have lived there for a minimum of a year before doing so.

You and your spouse are citizens of the country.
Your divorce can be decided by the first court where the request is filed that satisfies these requirements.

As long as it complies with the laws of the EU nation where the legal separation was decided, the court there has the authority to convert a legal separation into a divorce.

The empowered court if the child resides there, the divorce court may also make decisions regarding parental responsibilities.

Which legal statutes govern your separation or divorce?
Are there two or more EU countries involved, such as when you and your spouse reside in a different EU nation or have different nationalities?

It’s not always the case that the laws of the nation in which you file for divorce will apply to your divorce.

To decide which law should apply to divorces that occur across borders, 17 EU nations have adopted a single set of guidelines. These nations are: Latvia, Lithuania, Luxembourg, Malta, Austria, Belgium, Bulgaria, Estonia, France, Germany, Greece, Hungary, Italy, Luxemburg, Romania, Slovenia, and Spain.

Any of these 17 nations allows you to concur with your spouse to use the following divorce laws:

the nation in which you and your partner currently reside, the nation in which you previously shared a residence, the nation in which one of you is a citizen, or the nation in which you are pursuing a divorce
Should you and your spouse disagree, the following 17 nations’ laws will be applied by their courts:

the nation in which you and your spouse currently reside; if not, the nation in which you previously shared a residence for a year prior to filing for divorce; if not, the nation in which you are both citizens; and if not, the nation in which you are filing for divorce.
See a specialist if you plan to file for divorce in another EU nation. attorney to determine which laws will be relevant to your situation and what the ramifications would be.

International acceptance of divorces and legal separations
Other EU nations will automatically recognize a divorce or legal separation granted in one of those nations; no further steps are required.

Denmark is an exception.

Article by

   Aakesh Aainan

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