Rome III – choice of law in divorce: is the Europeanization of family law going too far?

Evaluates the proposal to create a harmonised set of choice of law rules in matrimonial assets in the Draft Regulation amending Regulation 2201/2003 (draft Rome III Regulation), including whether: (1) it exceeds the competence of the EC; (2) it is consistent with the principles of subsidiarity and proportionality; (3) harmonisation of the choice of law rules in divorce is necessary; (4) its premises are clear; (5) its scope is appropriate; and (6) it is likely to lead to harmonised practice with regard to international divorce. Assesses the consequences of the UK's decision not to adopt the draft Regulation.