Brussels II-ter makes cross-border divorce recognition easier

A divorce granted in another EU Member State by an authority other than a court will be more easily recognized from August 1st. This is when Regulation Brussels II-ter, which replaces Brussels II-bis, enters into force. This will also simplify proceedings in international inheritances involving minor heirs.

The new regulation governs the export of international divorces and proceedings concerning the custody of minor children. In some EU member states, for example, a notary records the divorce agreements in a notarial deed. Brussels II-ter makes it easier to recognize these agreements.

Parents
Furthermore, Brussels II-ter makes it easier, with the parents' consent, to appoint a court competent to hear the inheritance for minor heirs. Suppose the inheritance is located in the Netherlands and Dutch law applies to the inheritance, while the minor heir lives in Germany. The parents can then easily submit the request for rejection to the subdistrict court in the Netherlands.