Paper Title
Divorce in Private International Law: the regulation in the EU and third Countries
Abstract
This article focuses on divorce as consequence of an unsuccessful marriage seen in the light of Regulation
2201/2003,repealed by Regulation1111/2019) and Regulation 1259/2010, and law № 10 428/2.6.2011of Private
International Llaw in Albania. I would like to present case practice and facts about divorce with international element
andrecognition of foreign divorces in Bulgaria and other member states of the EUand third countries, such as Albania. On 1st
August 2022,entered into force Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in
matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) with innovations
in family law. The highly changing and dynamic life, especially during the latest years has changed the traditional concept of
borders, and everybody is free to choose the destination where to get married. Notwithstanding the above, there is still
substantial risk for the status of the citizens living in third countries, including the risk of “rush to court”, as both cases will
be discussed in this article. On the other hand, we shall also focus and discuss ontherules for making a choice of law for
divorce, application of Regulation 1259/2010,and the controversial case-law where the judge confuses the two concepts of
applicable law and jurisdiction in Albania. This paper shall present also how the divorce is being regulated in third countries,
whereas one of the partners has EU citizenship, and give an example a court decision of divorce with foreign element in
third countries, as it is Albania. We shall point out that the substantial problem that arises in divorces that involve foreign
element and that the path which is needed to be followed by third countries. The contribution statement of this paper
concerns the overall court practice in EU countries and third countries as well, and presenting a development alternative for
forward looking and pragmatic evolution of the international family law.
Keywords - Private International Law, Conflict of Laws, Divorce,