Transnational shifting of people is common among the porous European borders. People are increasingly leaving their national perimeters either for study or work. Quite frequently they meet their potential marital partners there, and settle down or relocate to an altogether different nation. At times their marital life might encounter problems as is commonly possible. However, if these problems lead to a divorce, such spouses might find themselves mired in legal confusion. They wonder whether the divorce laws of the nation they are residing in is applicable to them or they have to file their papers in their native land?
Such transnational cases are governed by ‘private international law.’ These laws regulate conflicts arising in the private life of people that do not involve the State or the Government. However, people in
Such complications can be solved by having a common divorce law for
A Common European Divorce Law
When every fifth divorce in
Obstacles in Having a Common European Divorce Law
Divorce laws are based on the political beliefs, religious views, ideological perceptions and family policies of the citizens. These are subject to great variation among nations even within the same continent.
Divorce Law Based on Political Ideology
One uniform law is unworkable. For example divorce in
One uniform law can be formulated only if the varied nations undergo a change in their political principles and social attitudes.
Societal Attitude
Attitude towards divorce differs significantly between countries; it also differs between different regions in the same country. Laws are based taking into account the generalised attitudes of the people pertaining to the issue. For example, if the common European divorce law were to be stringent, it might negatively affect groups of people who hold liberal views towards marital disunion.
In some regions of
A common divorce law is not possible for, divorce is a social issue that is intensely legal and has deep financial implications.
Financial Implications of Divorce
A uniform divorce law should also be accompanied by a change in the laws governing taxation. It is not only the process of divorce alone but also its consequences that have to be considered. For example, the important aspect of division of the marital property gives rise to issue of taxation on capital gains. Varying taxation laws have their respective economic implications on the concerned people.
This multi faceted issue of divorce is also under the influence of religious beliefs held by people.
Divorce Law and Religious Beliefs
Three major religions are prominently followed in
Rather than having a common law, more than half the population of European Union believes that they must be given a choice of law. This choice can be made taking into account the common nationality of both the partners, the countries to which the spouses have the most objective links or the permanent residence of both the spouses.
A common divorce law might not be accepted by all, for law has to take into account the cultural, religious and social attitudes of the people. Law evolves through the ages, and is intensely interlinked to the lives of people. It is not possible for all people in a continent to have the same background.
