Pan-European Prenuptial Agreement

This makes sense. The European Union is developing a pan-European divorce code, so couples who marry across national borders within Europe could have some certainty about what law would govern if they were to split later. Here’s the story from the Telegraph. These couples who marry now are at risk for lengthy and expensive trans-national struggles over jurisdiction and choice of laws.

The result would be a sort of European Union “pre-nuptial agreement”, in which both partners agreed to follow common rules on dividing up property, rather than risk a messy fight over whose national laws should take precedence.

Nobody is saying this now, but as confidence grows in the fairness and even-handedness of courts in the European Union (and as it declines in the same for the U.S.), I can easily see how a divorce code that started as a European Union family code might become a de facto world family code, particularly for trans-national couples anxious to head off lengthy divorce litigation. Makes you go hmmm . . .

Print Friendly, PDF & Email

Leave a Reply

Your email address will not be published. Required fields are marked *