European UnionDoes the EU require a minimum waiting period before divorce can be granted?
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.
What the Law Says
The European Union has no harmonised divorce law. Divorce conditions — including residency requirements, grounds for divorce, and any mandatory waiting periods — are determined solely by national law in each Member State.
The Treaty on the Functioning of the European Union (TFEU) explicitly excludes family law from EU legislative competence, except where necessary for the functioning of the internal market or judicial cooperation in civil matters.
Regulation (EU) No 1259/2010 (Rome III) allows couples to choose the law applicable to their divorce *only if* their chosen law permits divorce — but it does not set or harmonise substantive requirements like waiting periods.
No EU treaty article, regulation, or directive establishes a minimum time between filing for divorce and its final grant.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.