CYPRUS: Apparently, Cyprus hasn’t joined the other EU countries in making international divorces easier by allowing spouses to know or to choose which country’s laws will apply to their divorce. The EU’s council secretariat factsheet dated June 4, 2010:
The spouses may agree to designate the law applicable to divorce and legal separation provided that it is one of the following laws:(a)the law of the state where the spouses are habitually resident at the time the agreement is concluded, or(b) the law of the state where the spouses were last habitually resident, insofar as one of them still resides there at the time the agreement is concluded, or(c) the law of the state of the nationality of either spouse at the time the agreement is concluded,or(d) the lex fori, i.e. the law of the state in which the spouses have gone to court.Certain guarantees apply to make sure that the parties’ choice is an informed one, thus, the agreement should at least be expressed in writing, dated and signed by both spouses.Harmonised conflict-of-law rulesWhere no applicable law is chosen the regulation introduces harmonised conflict-of-laws rules onthe basis of a scale of successive connecting factors based on the existence of a close connectionbetween the spouses and the law concerned.In the absence of a choice, divorce and legal separation shall be subject to the law of the state:(a)where the spouses are habitually resident at the time the court is seized; or, failing that,(b) where the spouses were last habitually resident, provided that the period of residence did not end more than one year before the court was seized, in so far as one of the spouses still resides in that state at the time the court is seized; or, failing that,(c) of which both spouses are nationals at the time the court is seized; or, failing that,(d) where the court is seized.Public policyIn exceptional circumstances considerations of public interest should allow courts in the memberstates the opportunity to disregard the application of foreign law in a given case where it would bemanifestly contrary to the public policy of the forum.
Well, it seems about 14 EU countries (EU countries are Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom) are game to allow more clarity in which law will apply to an internatioanal divorce; but Cyprus has not according to this blogger.
Why would Cyprus object to a perfectly sensible rule?