Enhanced cooperation – introduced by the Treaty of Nice in 2001, but not used until the Barroso II Commission – today allows a group of at least nine member states to implement measures if all 28 Member States fail to reach an agreement. In the case of the divorce rules, this made it possible for initially 14 countries (see background) to agree, in 2011, on a Regulation which was joined by Lithuania in 2012 (IP/12/1231) and now by Greece. The regulation aims to give couples legal certainty and prevent a “rush to court” and forum shopping in divorces, while at the same time avoiding emotionally and financially costly proceedings.

“The EU’s rules on cross-border divorce broke new ground for European integration. They showed the way ahead in areas where a lack of unanimity was a stumbling block to progress, turning the legal innovations of the Lisbon Treaty into a practical reality,” said Vice-President Viviane Reding, the EU's Justice Commissioner. “It is very encouraging to see that yet another state has asked to participate in the enhanced cooperation that helps international couples going through a divorce. While free movement of people enables men and women from all over Europe to meet and fall in love, we have to ensure that there is legal certainty in case of a divorce.”

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