NON-JUDICIAL DIVORCES AND THE BRUSSELS II BIS REGULATION: TO APPLY OR NOT APPLY?

Abstract

This paper aims to analyse the international consequences of private divorces, which are available in several European countries. Particular attention is drawn to the amendments suggested by the Lithuanian legislator, which intend to transfer certain functions of the courts to notaries. In particular, Lithuanian notaries would have competence in the dissolution of marriage provided there is mutual consent between spouses. The authors discuss how private divorces are regulated in different countries, whether the amendments suggested by the Lithuanian legislator would introduce a “private divorce” into Lithuanian law, and what the implications of private divorce are in private international law. In particular, the scope of application of the Brussels II bis Regulation is addressed. As yet, there is no consensus as to whether the Regulation applies to private divorces. However, the analysis in this paper shows that it would be beneficial to include such divorces in the above-mentioned Regulation. This would ensure a greater legal certainty for international couples.