The proposed harmonisation of applicable law and jurisdiction in divorce and matrimonial matters

Abstract

In the light of the recent attempt to harmonise the applicable law in the field of matrimonial matters, the need was felt to examine the actual situation under European Law. The Introductory Chapter of this study presents a chronological recount of the legislative process of harmonisation on a European level in respect of matrimonial matters and seeks to establish certain basic definitions. Chapter I then deals specifically and in detail with regulations 1347 /2000 (Brussels II), 2201/2003 (Brussels II bis) and the Proposed Rome III Regulation, which seeks to harmonise the law applicable to divorce and legal separation. In the discussion of these Regulations and of the Proposed Regulation, various opinions and reports shall be resorted to in order to view the Regulation and Proposed Regulation in as many aspects as possible. Reference shall also be made to the ancillary matters of maintenance and matrimonial property, which are linked to the topic under discussion. This shall be followed by a Chapter on the Fundamental Rights of the individual, which shall examine the right to marry and to divorce, if any such right exists. Various judgements shall be consulted in an attempt to establish a definition of the right to marry, and to determine its extent.