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Training module on cross-border divorce and maintenance

Cross-border divorce and maintenance: jurisdiction and applicable law

This self-standing training module on ‘Cross-border divorce and maintenance: jurisdiction and applicable law’ developed by ERA in cooperation with, and on behalf of, the European Commission, is addressed to training institutes, networks of legal practitioners, trainers and end users of European Union member states, wishing to organise training sessions in the area of EU Family Law and more concretely, on cross-border divorce and maintenance.

In today's world, where people are increasingly mobile, the number of families made up of citizens of different EU countries, or of EU citizens and third-country nationals, is increasing - there are currently around 16 million international couples in the EU. The greater use of the rights of free movement of persons, goods and services results in an increase in the potential number of cross-border disputes and makes the provision of training in European Family Law progressively more pertinent.

The training module is structured as a ‘training package’, including information on the programme and methodology to be employed and the necessary training material for setting up a workshop on EU cross-border divorce and maintenance. It covers the EU acquis in this area of law and illustrates how this has been applied in the member states.

Scope of the training module

More concretely, the training material included in the training module covers the EU acquis on the following thematic units:
  • Cross-border divorce - jurisdiction and procedure: Regulation Brussels IIbis, its interaction with other EU and national legal instruments and the preliminary reference procedure,
  • Cross-border divorce - applicable law: Regulation Rome III and the concept of enhanced cooperation, the application of foreign law and the role of e-justice tools,
  • Cross-border maintenance – jurisdiction, applicable law and maintenance recovery procedures: the Maintenance Regulation and its interaction with the 2007 Hague Convention and Protocol,
  • EU initiatives in the area of matrimonial property regimes: the proposed legislation on matrimonial property regimes and on the property consequences of registered partnership and its possible impact on the current way of dealing with cross-border matrimonial property cases.

The varying training methods that can be used in future workshops based on this material are presented in the module, together with recommendations on how and in which part of the training they may be best employed. Face-to-face presentations can be combined with practical exercises requiring the active contribution of the participants, IT-supported learning, allowing participants to familiarise with available e-justice tools can be used and interactive sessions promoting the exchange of good practices and experience may be included in a training programme. Advantages and disadvantages of the different available options and ideas on which method may be most appropriate are addressed in the training module.

On this webpage, you may find the e-learning course on cross-border divorce and maintenance in English, German, French, Italian and Spanish, the Guide to this training module (materials for trainers) in English, German, French, Italian and Spanish, and information on the already implemented workshops.

Creative Commons Licence This work is the property of the European Commission and is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License