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Divorce With Community Citizen.
Inscription of divorce sentences in the EU countries. In the light of EC Regulation 2201/2003, the acceptance of decisions applied in EU countries regarding divorce, agreed separation, revocation of marriage, spontaneous validation and application of resolutions concerning the right to visit minor children, resolutions concerning parental duties ( including the protection measures of the minor, regardless of any type of link with a resolution concerning the marriage in marriage), takes place automatically.
Starting in 2012, new provisions were complied with at EU level regarding the laws applicable to the causes of individual separation and divorce cases. Spouses may choose by mutual consent the provisions related to divorce or separation provided they are part of:
the legislation of the country in which the spouses regularly reside at the conclusion of the agreement; of the country of the last habitual residence of the consorts, if one of them still resides in the phase of determination of the agreement; of the country of which one of the consorts is a citizen in the process of determining the agreement; or, finally, judicial provisions.
In this way, the regulation (EU) of 20 December 2010, n. 1259/2010, released by the GUUE (L343) of 29 December 2010, concerning "the activation of intensified cooperation in the field of applicable laws for cases of divorce and individual separation".
With this provision the European Union has a legal instrument for the regulation of the cases of separations and divorces of a transnational nature; especially regarding separations and divorces involving individuals who come from different member countries.
This discipline was applied following the decision to use the process of enhanced cooperation. This means that the current text applies only to the countries that have clearly taken part (14 out of 27), which are specifically: Belgium, Bulgaria; Germany, Spain, France, Italy, Latvia. Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia.
In the aforementioned regulation, in article 2, it is also specified that the legal provisions it contains are not valid for: annulment of the marriage; living expenses; obligations towards the children; interests related to assets; unions or substitutions; legal ability of natural persons.
As for the feasibility of the current regulation, as already mentioned above, Article 18 of the same clarifies that it applies to the procedures underway and for agreements between consortiums on the applicable regulations established as from 21 June 2012.
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On the other hand also the agreements between spouses concluded before that date give rise to some effects, if they are identifiable in the norms provided for in articles 6 and 7 of the regulations, on the agreed nature and on the official and concrete validity of the agreement itself.
In conclusion we must say that, nevertheless, the pacts regarding the decision of the enforceable discipline concluded in accordance with the legislation of a participating member state, to which the judiciary was invoked before 21 June 2012, are not taken into consideration.