Re: Summer 2016 | Page 80

What would leaving the EU mean for family law? The European Union (EU) has a limited role in family law matters. The EU is only entitled to make laws in areas where the treaties give it the specific competence to do so. It has no specific competence to make laws in relation to divorce, maintenance or parental responsibility. This means it cannot make laws setting out the terms under which a divorce may be granted or the responsibility of spouses to pay maintenance or how decisions on parenting arrangements for children are to be made. Each individual member state has its own rules about separation, divorce, maintenance of spouses and children, custody and guardianship and other family law matters. However, the EU does have competence to promote judicial co-operation in family law matters which have cross border implications. The role of the EU is mainly concerned with ensuring that decisions made in one country can be implemented in another. It also has a role in trying to 78 establish which country has jurisdiction to hear a particular case. It has made a number of regulations dealing with judicial co-operation in family law matters. In general, these regulations are based on the principle of mutual recognition – that is, that decisions lawfully made in one