This book deals with the Europeanisation of international family law. Over the last
decade the European Union has shown increasing interest in the field of international
family law. This is not surprising, since the growing mobility of citizens as a
result of the free movement of persons has led to a consequential rise of the
formation and dissolution of international families. More and more questions of
private international law therefore arise.
International family law is an area that is predominantly regulated by national
law. Currently the national choice of law rules of the EU Member States are more
and more displaced by common European rules, which will thus entail considerable
changes. The nature and reasons of the changes brought about by the transition
from a national to a supranational choice of law approach are discussed in
one particular field of international family law: the termination by dissolution of
marriages and marriage-like registered partnerships. The current Dutch and the
proposed European choice of law rules on divorce are examined and compared.
Although common European choice of law rules in the field of contractual and
non-contractual obligations and maintenance obligations have been established
rather smoothly, the establishment of common choice of law rules on divorce has
met with a lot of resistance. A long process of negotiation followed, but ultimately
the Council had to admit that all possibilities for a compromise on the establishment
of a common choice of law on divorce had been exhausted. For the first time
in the history of the European Union, the mechanism of enhanced cooperation will
be applied.
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