The Brussels II regulation had the aim of helping couples from different parts of Europe cope with divorce. Unfortunately the way it was drafted meant that instead of finding the most appropriate forum for divorce, where the couple lived, owned property, raised children, the partner who got to a court in Europe first could hold the other to ransom by dragging them through inappropriate court proceedings at great expense in foreign courts.
This regulation has caused considerable hardship for couples. The weaker, poorer partner, usually the wife, is put under great strain before she can get proper relief in a court which is best suited to hear the case.
The regulation must be revised or the UK should withdraw from its regime.
Why is this idea important?
The Brussels II regulation causes enormous pain, distress and suffering for the partner who is held hostage while being forced to counter inappropiate divorce proceedings in the wrong court until such time the proceedings can be brought back to the correct court.
It should not be whoever is first to court but which court is the right one to hear the case.