The European Commission has proposed a law that will allow couples to choose which country's laws apply to their divorce. The proposed EU Regulation will help couples of different nationalities, couples living apart in different countries or living together in a country other than their home country.

The aim of this proposed law is to lessen the burden on children and to protect weaker partners during divorce disputes. There are around 300,000 international marriages per year in the EU. Today's proposal follows a request from 10 Member States (Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain) and would be the first time the "enhanced cooperation" mechanism would be used in EU history.

The current situation for cross-border couples is complex:

• 20 EU countries determine which country's law applies based on connecting factors such as nationality and long-term residence so that the spouses' divorce is governed by a law relevant to them.
• 7 EU Member States (Denmark, Latvia, Ireland, Cyprus, Finland, Sweden and the UK) apply their domestic law.

These conflicting applicable law rules lead to legal complications and heavy costs, making amicable and planned divorces harder.

The Commission has proposed a common formula for deciding which country's rules would apply to international couples. Under the proposed Regulation:

• International couples will have more control over their separation. They could decide which country’s law would apply to the divorce, provided that one spouse has a connection to the country.
• Courts would have a common formula for deciding which country's law applies when couples cannot agree themselves.
• Couples would also be able to agree which law would apply to their divorce even when they do not plan to separate. This would give them more legal certainty, predictability and flexibility and would help to protect spouses and their children from complicated, drawn-out and painful procedures.

The proposals are also designed to protect weaker spouses from being put at an unfair disadvantage in divorce proceedings. At the moment, the partner who can afford travel costs and legal fees can "rush to court" in another country so that the case is governed by a law that safeguards his interests.

The new rules would tackle this sort of "forum shopping" in participating Member States by guaranteeing that the law of the country in which the weaker spouse lives with her partner or in which her partner last resided with her will apply.

EU Member States must now vote on whether the 10 countries may proceed with enhanced cooperation. The European Parliament must also give its consent.  Under the EU Treaties, enhanced cooperation allows nine or more countries to move forward on a measure that is important, but blocked by a small minority of Member States. Other EU countries keep the right to join when they want