Keres

Találatok

Találat 10 a(z) … -ból/-ből 12 eredmények

In March 2016 the Commission proposed, in parallel, two regulations implementing enhanced cooperation on cross-border aspects of property regimes of marriages and registered partnerships. They replace a pair of earlier proposals from 2011, which lacked unanimous support in the Council.

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission ...

Brussels IIa: Towards a Review

Briefing 15-09-2015

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies ...

Upon request by the FEMM Committee, this note gives an overview of the legislation and legal principles in the Member States concerning the guarantee of payment of child maintenance for the custodial parent by the other parent in case of separation or divorce. This guarantee can be regulated by law and can be put in place by a special body or agency. This note pays particular attention to differences between men and women in their roles for the financial support of children.

There are approximately 16 million international couples (either of different nationalities and/or living abroad) in the EU. They face legal difficulties and high procedural costs due to uncertainties over which national laws apply to their property. This is particularly the case when one of them dies, or when a couple separates (around 650 000 cases per year).

On 4 February 2010 Germany and France concluded an agreement on an elective ‘community of accrued gains’ matrimonial property regime. The ratification of this agreement will mean that for the first time a uniform set of substantive family law provisions will enter into force in both countries. The agreement is of European significance because in the past substantive family law did not seem susceptible of harmonisation at European level, even though the growing number of family relationships with ...

This note traces the development of family mediation in the European Union and the existing opportunities in the light of the Mediation Directive and other European provisions to render this amicable means of solving disputes more effective for the benefit of the users and society in general.

This paper focuses upon the UK, common law perspective of mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples, covering matters relating to marriage/civil partnership, divorce/dissolution, ancillary relief/financial provision and issues relating to children.

This note provides an in-depth analysis of the main provisions of the Rome III Proposal of 2010 implementing enhanced cooperation for 14 Member States in the area of the law applicable to divorce and legal separation. It further identifies some difficulties of future application of the proposed provisions and suggests to reconsider in particular the following issues: the scope of application, the question as to when the spouses may designate the applicable law, the desirability of legal counselling ...

Divorces or separations classed as "cross-border" (parents of different nationalities or leaving in different Member States) lead to very complicated legal situations, notably regarding the relationship between the parents and the children of these former couples. An in-depth analysis of the national situations has been conducted in 6 Member States (France, Germany, Spain, UK, Sweden and Poland). In order to comprehend the breadth and types of problems connected to a cross-border separation of parents ...