How will the proposals protect weaker spouses?
Today’s proposals will protect weaker spouses from stronger partners who file for divorce in a court where the law is most favourable to him. These cases of a partner “rushing to court” or “forum shopping” often harm the weaker spouse. Such situations occur because a partner who can afford the legal fees to shop around for divorce abroad and to travel for that reason is likely to gain an unfair advantage over the weaker spouse. For example, if one spouse from a Polish couple moves to Finland, after one year he could ask for a divorce there without the other spouse’s consent. The new rules would tackle this sort of “forum shopping” in participating Member States by guaranteeing that the law of the country in which the weaker spouse lives with her partner or in which her partner last resided with her will apply.
