EIRP Proceedings, Vol 10 (2015)

Abstract

The main objectives with this paper are to give a brief overview of the Scope of application of the regulation; of the main conflict-of-law rules adopted by the regulation, in special those that are more relevant to the role that a notary might have in an international divorce situation. The regulation provides citizens with appropriate outcomes in terms of legal certainty, predictability and flexibility, protects weaker parteners during divorce disputes and prevents "forum shopping". This also helps avoiding complicated, lengthly and painful proceedings. More specifically, it allows international couples to agree in advance which law would apply to their divorce or legal separation as long as the agreed law is the law of the Member State which they have a closer connection with. In case the couple cannot agree, the judges can use a common formula for deciding which country`s law applies. This paper will bring to light some risks and coordination difficulties with the regulation and a few matters that the regulation does not apply to.