Friday, March 21, 2008

Rome III

This was a very busy week for me finally catching up after a prolonged absence from work and attending my Aunt's 90th birthday (every family should have an Aunt Bess!)

One Family Law Week article I did see and took a note of was An Interview with Lord Justice Thorpe. Of particular interest was the stalling of Rome III negotiations as I mentioned in this earlier post. Having lived and worked for much of my life within international communities in Europe I agree with the Lord Justice that the English (and Scottish) family justice system must remain positive about moves to harmonise matrimonial regimes in the EU.

However, that is far removed from member countries applying divorce laws from another country in which the divorcing couple had their most recent residence. This proposal doesn't go down well with staunch Roman Catholic countries such as Malta or Poland who are against making divorce easier. Sweden, Finland and the Netherlands oppose it because they believe Rome III would lead to the enforcement of Islamic laws in EU countries. Personally, I think the application of a foreign law in the courts of EU member countries is too fraught with difficulties for the proposal to be viable.


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