Divorce Between Spouses of Different Nationalities Under the Provisions of EU Law

The institutions of divorce by mutual consent and contested divorce are familiar to all citizens of the European Union (EU). However, there are rules of European law that regulate procedural matters differently. This becomes necessary when the spouses have different nationalities or reside in different countries.

Divorce proceedings are initiated by submitting an application in the country where you currently live together with your spouse, or where you last lived together, or where you continue to reside at present, provided that the habitual residence rule is met – you must have lived in that country for at least six months immediately before filing the divorce application and be a citizen of that state, or one year if you are not a citizen.

The court competent to rule on the separation also has the authority to include in its decision provisions regarding the settlement of other matters – parental rights and responsibilities, including which parent the child or children born during the marriage will reside with.

Divorces and legal separations are recognized in every EU Member State without the need for registration or revalidation by another state of the divorce certificate or court decision by which the divorce was declared.

It should be noted that some countries have reached mutual agreements on which laws and provisions shall apply. However, due to the significant differences in the national legislation of EU Member States, the specific procedural rules must be assessed and presented by a practicing lawyer in the respective country.

This article does not constitute a legal opinion on a specific case. If you have questions regarding recognition of marriage within the EU, divorce, child support, or visitation rights, you should consult a lawyer specializing in family and inheritance law and marital property relations.