Family Law

In the EU, divorce jurisdiction is generally determined by where the spouses are habitually resident—not by nationality—under Regulation (EU) No 2201/2003.

The court in the EU country where you or your spouse are habitually resident usually has jurisdiction, under Regulation (EU) No 2201/2003.

No, the EU does not set a minimum waiting period for divorce — family law, including divorce requirements, remains under the exclusive competence of individual Member States.

A divorce granted abroad without notifying you may not be recognised in the EU if it violates the principle of 'due process' — especially if you had no opportunity to defend yourself.

Yes, a Spanish custody order is automatically recognized in Germany under EU Regulation (EC) No 2201/2003, without any special procedure.

You can apply for the child’s immediate return under the EU’s Brussels II bis Regulation and the Hague Convention, which require courts in the destination EU country to order return within six weeks if the child was wrongfully removed.

Yes, a Polish custody order can be recognised and enforced in Ireland automatically under EU Regulation (EC) No 2201/2003, without needing a new court decision — provided it meets formal requirements.

EU courts must decide on applications for the return of a wrongfully retained child within six weeks of receipt, under Regulation (EC) No 2201/2003.

Yes, you generally need your ex-partner’s consent to relocate with your child to another EU country — unless a court has granted you sole parental responsibility or explicitly authorised the move.

You can enforce a child maintenance order across EU countries using the EU Maintenance Regulation (Regulation (EU) No 4/2009), which allows you to apply for recognition and enforcement in your ex’s country of residence without starting a new case.

You must file your maintenance claim in the courts of the EU country where either you or your ex resides — usually the country where the debtor (your ex) lives, unless exceptions apply.

Yes, a cross-border maintenance agreement is enforceable in the EU if it complies with Regulation (EU) No 4/2009 and is formally authenticated or approved by a court or competent authority in an EU Member State.

The court of the EU country where the person claiming maintenance is habitually resident has jurisdiction under Regulation (EU) No 4/2009.

Yes, maintenance orders made in one EU country can generally be enforced in another EU country under EU Regulation (EU) No 4/2009.

Your property regime is governed by the law of the country where you both had your first common habitual residence after marriage — unless you chose a different law in a valid marriage contract.

Yes, spouses in the EU can choose which country's law governs their marital property, provided certain conditions are met under Regulation (EU) 2016/1103.

The split of property in cross-border EU divorces is governed by Regulation (EU) 2016/1103, which applies automatically unless you and your spouse choose a different law in a written agreement.

A prenuptial agreement signed in Germany is generally recognised across the EU under Regulation (EU) No 1259/2010 (Rome III), but validity depends on the law chosen and compliance with formal requirements in the applicable jurisdiction.

Yes, spouses can change the applicable law for their property regime after remarriage, but only if both agree in writing and the new law permits such a choice under EU Regulation (EU) No 1259/2010.

Yes, a same-sex marriage legally performed in the Netherlands is generally recognized for property purposes across EU member states, but recognition depends on national private international law rules and may vary — especially where domestic law does not permit same-sex marriage.

An annulment granted in one EU country is generally recognized in other EU countries, but only if the court had jurisdiction under EU Regulation (EU) No 1259/2010 and the decision meets formal requirements.

Yes, a domestic violence protection order issued in one EU country is generally enforceable in another EU country under Regulation (EU) No 606/2013.

Yes, but only if the non-EU country has a bilateral or multilateral agreement with the EU (or a Member State) that allows enforcement — otherwise, enforcement is generally not possible under EU law.

The EU's Brussels IIa Regulation (now recast as Regulation (EU) 2019/1111) provides binding rules for cross-border child contact and enforcement of access rights between EU Member States.

EU courts do not decide custody directly—national courts of the Member State where the child is habitually resident make the decision, applying EU Regulation (EC) No 2201/2003 and national law, with the child’s best interests as the paramount consideration.