Citizens from other EU states would be able to get quick divorces in Irish courts under proposed EU regulations to be unveiled by the European Commission on Monday, writes Jamie Smyth in Brussels
If adopted by member states, the new regulations would mean Swedish couples, for example, living in Ireland could obtain a divorce in six months, as set down in Swedish law. However, the Government is expected to oppose the measure, and concerns in Ireland and Malta will be the subject of negotiation in the Council of Ministers.
Irish citizens applying to courts in Ireland for divorce would still be bound by Irish divorce law, which requires four years of separation.
However, Irish people married to foreign nationals from other EU states could seek a divorce under the law from the home country of their partner, according to the draft regulation, which has been seen by The Irish Times.
The commission proposal aims to simplify the legal situation for the estimated 170,000 international couples who seek a divorce every year in the EU.
Under existing laws it is often not clear which divorce laws apply for international couples. For example, several EU states, including Ireland and Britain, only apply their own divorce laws, whereas some states, such as Germany, often apply the divorce law of the country where the couple comes from.
The proposal envisages giving couples a limited right to choose the divorce law that best suits their situation. It also contains measures designed to prevent a "rush to court" by one spouse.
Under the new proposal, the timing of a divorce application would have little bearing on the type of law that governs the case as each court must choose the law that is applicable under the common set of rules based on nationality, residence or the law of the court.
The Government is likely to oppose the proposal on the grounds that it could undermine existing Irish law. In a letter responding to the commission's Green Paper this year, Minister for Justice Michael McDowell said Ireland was not in favour of allowing spouses to choose the applicable law, as this could be open to abuse.
To allay concerns expressed by Ireland and Malta (where there is no divorce), the commission has proposed a safeguard measure that would allow courts to refuse to implement foreign law that would run contrary to "public policy". However, the proposal says this could only be applied in "exceptional" circumstances.