Highlights

Once adopted, the regulation will allow international couples (couples of different nationalities, or living apart in different countries or living together in a country other than their home country) residing in a participating member state to choose which country's law should be applied to their divorce. It also determines which law would apply in the case of disagreement.

The new rules would have the following advantages:
- improving legal certainty, predictability and flexibility for citizens;
- protecting weaker partners during divorce disputes; and
- easing the burden on children in international divorce disputes.

With the new regulation, the Council also initiated the first enhanced cooperation in the history of the EU. This procedure allows a group of at least nine member states to cooperate in an area where it has been impossible to obtain the required majority, or in this case unanimity. Other member states may join the enhanced cooperation whenever they want to. The non-participating member states will continue to apply their own private international law rules.

All member states participated in the adoptions of
- the decision authorising enhanced cooperation; and
- the general approach containing the regulation on divorce rules.

The next steps involve the European Parliament's consent to the enhanced cooperation and consultation on the proposed regulation.