family law analytical report

The Gallup Organization Flash EB No 188 –Family Law

Annex Tables, page 1

Flash Eurobarometer

Family Law Analytical Report

Fieldwork: June 2006

Report: October 2006

Flas

h E

urob

arom

eter

188

– T

he G

allu

p O

rgan

izat

ion

This survey was requested by Directorate-General for Justice, Freedom and Security and coordinated by Directorate-General Communication

This document does not represent the views of the European Commission. The interpretations and opinions contained in it are solely those of the authors.

European Commission

Flash EB No 188 –Family Law The Gallup Organization

page 2

Flash EB Series #188

Family Law

Conducted by The Gallup Organization Hungary/Europe

upon the request of DG Justice, Freedom and Security

Survey organised and managed by the Eurobarometer Team of Directorate-General

“Communication”

This document does not represent the views of the European Commission.

The interpretations and opinions contained in it are solely those of the authors.

THE GALLUP ORGANIZATION



Introduction The European Union allows people in most of its Member States an unprecedented level of free mobility. As it has become virtually free to travel, work, and study within the Union, very often marriages and families are being formed between individuals from different Member States, or couples from the same state settle down in another Member State. The special circumstances of these people call for special EU wide attention to ensure clarity and coherence about the nature of family law regulations such as divorce agreements, child custody dealings, inheritance, etc. According to recent EU figures released by the European Commission, an estimated 170, 000 "international" divorce proceedings take place each year, representing around 16% of all divorces. International divorces include a wide variety of cases such as when spouses are of different nationalities, or have the same nationality but live in a Member State other than their original state. The recent proposals put forward by the Commission of the European Union in family law aim at clarifying rules as regards this specific matter. Nevertheless, life of European citizens can be further eased thanks to actions in other fields, such as travel, work or study. A recent survey commissioned by the European Commission asked citizens of the European Union to voice their opinions on various questions related to international Family Law. The survey’s fieldwork was carried out between 3rd of July and the 7th of July 2006. Over 25,000 randomly selected citizens aged 15 years and above were interviewed in the twenty-five Member States of the European Union. Interviews were predominantly carried out via landline telephone, approximately 1,000 in each country. Due to the relatively low fixed telephone coverage in the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia, we sampled and interviewed 300 persons face to face as well. To correct for sampling disparities, a post-stratification weighting of the results was implemented, based on important socio-demographic variables. More details on survey methodology are included in the Annex of this report.


page 4

Main findings

− The majority of people expect the EU to play a role in facilitating family law between Member States

- the younger generations of EU citizens are more likely to expect the EU to play a role to facilitate legislation in family law, except for inheritance which exhibits very similar level of support across generations

- there is more support for EU to play a role in all the cases of family law under scrutiny here by the more educated; the most striking difference in support based on educational background is for recognition of civil status certificates

− Opinions vary with regard to what action the European Union should take as a priority

- the overall plurality (38%) prefer the EU to ensure the recognition of family law legal documents in any other Member States

- 36% prefer the EU to establish standard formats for specific documents

- men, the most educated, and citizens in a country are more supportive of establishing standard formats for specific documents than others

− The majority of people prefer keeping several legal options open for divorcing couples in the European Union

- women, the educated, and the youth are more supportive of having both options available for divorcing couples

⎯ Automatic validation of friendly divorce agreements is very popular among Europeans (87% support)

- automatic validation of friendly divorce agreements is very popular with all, regardless of socio-economic status

⎯ One third of the EU population believe that the automatic validation of divorce agreements could concern them or a relative in the next twenty years (33%)

- automatic validation of a friendly divorce agreement is a more relevant issue to the youngest people surveyed (40%) and the citizens of other EU Member States (40%)

⎯ People overwhelmingly support (80%) EU-wide recognition of testaments

- the most educated are the strongest supporters of recognizing testaments within the EU

⎯ Most residents of the EU (77%) think it is rather difficult to prove rights to inherit from another Member State

- women and local citizens are more likely to think it is difficult to prove inheritance rights



Table of Contents

Introduction ........................................................................................................................................... 3

Main findings ......................................................................................................................................... 4

Table of Contents .................................................................................................................................. 5

1. Expectation regarding the role EU should play.............................................................................. 6 1.1 Adopting children from another Member State............................................................................. 8 1. 2 Recognizing civil status certificates ............................................................................................. 9 1.3 Divorce in another Member State................................................................................................ 10 1.4 Child custody dealings in another Member State........................................................................ 11 1.5 Inheritance in another Member State .......................................................................................... 12 1.6 Younger Europeans and the more educated expect more EU facilitation in family law............. 13

2. What action the European Union should take as a priority ........................................................ 14

3. Preference for legal options for divorce ........................................................................................ 16

4. Automatic validation of friendly divorce agreements .................................................................. 18

5. Recognition of testaments in the European Union ....................................................................... 21

6. Proving rights to inherit from another Member State................................................................. 23

7. Annex tables..................................................................................................................................... 26

8. Survey details................................................................................................................................... 41

9. Survey questionnaire....................................................................................................................... 44


page 6

Flash EB No 188 – Family Law Gallup

1. Expectation regarding the role EU should play Overall, the majority of the population of the European Union expect the EU to play a role to facilitate legislation in another Member State in adoption of children from different Member States, recognition of civil status certificates, divorce, child custody dealings, and inheritance. Helping with the adoption of children and recognition of civil status certificates such as birth certificate and marriage certificate in another Member State top the list of what people expect from the EU the most. Seventy-six percent of the overall EU population expect the EU to facilitate legislation with regard to adopting children from different Member States and the same percentage expects the EU play a role to facilitate legislation for recognizing civil status certificates (birth certificate, marriage certificate) in another Member State. Two-thirds (67%) of the citizens of the European Union expect the EU to facilitate legislation in child custody dealings in another Member State and another 63% expect the EU to facilitate inheritance in another Member State. The majority of the citizens do expect the EU to play an active role on behalf of the EU to facilitate legislation in divorce in another Member State (60%).

Doesn't expect;

17

Expects; 76

DK/NA; 7

Expectations regarding the role EU to play in the following:

Q1.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation:

% EU25

Recognition of civil status certificates in

another member state

Adoption of children from different member states

Divorce in another member state

Child custody dealings in


Inheritance in another member

state

Doesn't expect;

17

Expects; 76

DK/NA; 7

Doesn't expect;

31 Expects; 60

DK/NA; 9

Doesn't expect;

24Expects;

67

DK/NA; 9

Doesn't expect;

27 Expects; 63

DK/NA; 10

Source: FLASH EB 1883-7 July 2006

GALLUP



The average support of EU facilitating legislation in various areas of family law

Country % Country % Country % Country % Country % IT 78 DE 71 CY 67 SK 62 UK 57 FR 75 LU 71 GR 67 CZ 61 EE 55 HU 75 ES 70 FI 65 NL 61 DK 53 PT 74 IE 70 SI 65 MT 61 SE 52 LV 73 BE 67 PL 64 AT 61 LT 51

Average support for the EU to streamline cross-border procedures in matters regulated by family law is 68% in the European Union. Support is the strongest in Italy (78%), France and Hungary (75% both), and the most lukewarm in Lithuania (51%), Sweden (52%) and in Denmark (53%). But even in those countries where average support is the lowest, the EU assistance in the various areas is supported by the majority, on average.


page 8

1.1 Adopting children from another Member State Citizens of the New Member States are less likely to expect the EU to play a role to facilitate legislation when adopting a child from a different Member State than those in the EU15. This expectation is the least popular in Lithuania where less than the majority, albeit still a plurality of the citizens, expect EU facilitation. Overall, only 61% percent of the population of the New Member States expect the EU to play a role in cross-nationality adoption. This is 15 percentage points less than the EU25 average. People in Italy (87%), France (85%), Denmark (81%) and Portugal (79%) are the most likely to expect the EU to facilitate child adaptation legislation. Overall, people form the Baltic States and Central Europe are the least likely to expect this from the EU, as for example less than half (46%) of the Lithuanians, half of the Estonians (51%), and 59% of the Polish expect the EU to facilitate legislation concerning child adoption.


GALLUP

85 81 79 79 79 77 76 75 75 75 74 72 71 72 69 69 69 68 65 65 62 61 61 5951 46

8 12 15 12 15 10 15 17 13 17 16 20 19 17 22 20 24 24 21 23 26 2431 29 32 27 31

87

100

80

60

40

20

0

20

40

60

80

100

IT FR

DE

PT IE ES

BE

EU

25 CY

LU FI

NL

EL

MT

UK SE SI HU

DK

AT

LV

CZ

SK

NM

S10

PL

EE

LT

Expects Does not expect

Expectation on the role of EU in:Adopting children from different member states

Q1a.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation:

Adoption of children from different member states% by country

(See the differences by demographical characteristics in Ch. 1.6.).



1. 2 Recognizing civil status certificates Unlike to adopting children from another Member State, there is not a meaningful gap between expectations about recognizing civil status certificates between new and old members of the EU. Very similar proportion of people from the New Member States (77%) and in the original member countries (76%) expect the EU to play a role to facilitate legislation in the recognition of civil status certificates such as birth certificate and marriage certificate in another Member State. People in Italy (86%), Hungary (83%), and Germany (82%) are the most likely to expect the EU to facilitate the legislation of civil status certificates. Those in Sweden (48%), Denmark (56%), the United Kingdom (62%), and Estonia (63%) are the least likely to have the same expectations.


GALLUP

83 82 81 80 80 79 78 77 77 77 76 75 73 73 73 72 72 71 71 71 70 67 63 6256

48

8 13 16 12 9 14 17 17 16 15 18 17 17 15 22 19 14 15 20 21 18 18 22 1829 32 36

86

100

80

60

40

20

0

20

40

60

80

100

IT HU

DE

LV

PT SI FR

PL

NM

S10

AT

SK

EU

25 LU CZ IE EL ES

CY FI

NL

MT

LT

BE

EE

UK

DK SE


Expectation on the role of EU in:Recognizing civil status certificates

Q1b.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation:

Recognition of civil status certificates (birth certificate, marriage certificate) in another member state % by country



page 10

1.3 Divorce in another Member State

Overall, expectations with regard to the EU’s role in divorce in another Member State rank the lowest in our list but enjoy still a relatively high level of support. Sixty percent of the EU25 residents have this expectation. Overall, there is a six percentage point difference between those who expect the EU to facilitate cross-nationality divorce legislation in the New Member States (55%) and the original 15 members (61%).

More than that, seven out of ten people in France, Italy, Hungary, and Latvia expect the EU to play a role to facilitate legislation with regard to divorce in another Member State. This, however, seems less of a concern in other states as only around four in ten expect the EU to take on such a role in Sweden (39%), Malta (40%), and Denmark (42%).


GALLUP

70 70 70 69 68 67 66 64 60 59 59 56 55 54 53 52 51 50 49 49 49 46 44 42 40 39

25 22 24 21 18 19 2329 25

31 28 25

3933 36 35 40 39

3240

3339

31 30

48 49 49

70

100

80

60

40

20

0

20

40

60

80

100

FR IT HU

LV ES

PT

LU IE EL

EU

25 BE

CY

DE

NM

S10

PL FI

UK SK CZ

NL

AT SI EE

LT

DK

MT SE


Expectation on the role of EU in: :Divorce in another member state

Q1c.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation:Divorce in another member state

% by country




1.4 Child custody dealings in another Member State While on average 67% of its residents expect the EU to play a role in child custody dealings in another Member State, we can find quite striking differences between the countries. For example less than the majority, only 46% of Estonians and Lithuanians expect EU facilitation in child custody dealings. On the other hand, 76% of Hungarians and 75% of Italians expect EU help with child custody.


GALLUP

75 74 72 72 70 70 68 67 67 67 67 66 65 64 62 62 62 60 58 57 56 56 56 5446 46

18 14 16 21 2415

2316 20 21 24 23 26 25 22

28 27 29 31 2834 31 29 34 37

27 28

76

100

80

60

40

20

0

20

40

60

80

100

HU IT PT

FR

DE

ES IE CY

BE

LU

EU

25 LV FI

EL

MT

PL

NM

S10

NL SI AT

SK SE CZ

DK

UK

LT

EE


Expectation on the role of EU in: :Child custody dealings in another member state

Q1d.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation:

Child custody dealings in another member state% by country

It does not come as a surprise that the pattern of support for EU help with child custody and child adoption legislation are quite similar across countries, with the latter enjoying a stronger overall support. (See the differences by demographical characteristics in Ch. 1.6.).


page 12

1.5 Inheritance in another Member State In addition to adoption, marriage, and divorce, the legal aspects of inheritance from someone in a different Member State is also an important issue for citizens of the European Union. Overall, around two thirds (63%) of the EU25 population expect the EU to play a role in inheritance legislation in another Member State. With 82% of the population behind it, Latvians are the most likely to expect the EU to facilitate legislation concerning inheritance, closely followed by Hungarians (79%). On the other end of the spectrum, citizens of Denmark (43%) and the UK (45%) are the least likely to expect the EU to play a role in this respect. The differences between the lower and the upper end of the scale of those who do not support EU facilitation are quite striking in the case of inter-country inheritance. More than four times as many people in Denmark (44%) or in the UK (45%) do not expect the EU to play any role in inheritance issues when compared to Latvia (10%).


GALLUP

79 74 71 70 68 68 67 67 66 65 65 64 64 63 61 61 61 60 59 58 54 49 47 46 45 43

10 17 15 19 23 2518

24 2617

25 3024 23 27 29

2033 30 25 28 29

3830

3945 44

82

100

80

60

40

20

0

20

40

60

80

100

LV

HU IT LU FR SI EE

NM

S10

PL

PT

SK DE

BE

CZ

EU

25 FI

ES IE EL

CY

MT

AT

NL

LT SE UK

DK


Expectation on the role of EU in: :Inheritance in another member state

Q1e.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation:

Inheritance in another member state% by country




1.6 Younger Europeans and the more educated expect more EU facilitation in family law The younger generations of EU population are more likely to expect the EU to play a role to facilitate legislation in family law, except for inheritance that exhibits very similar level of support across generations. Those between the ages of 15-24 are the most supportive of EU intervention in most cases of family law. For example, 81% of the youngest people expect EU intervention in adoption of children from different Member States as opposed to only 72% of those who are 55 or older. Eight percentage points less people in the oldest age category expect EU intervention in child custody dealings (64%) when compared to the youngest age bracket (72%). A six-point difference exists in the expectations of the oldest and the youngest generation in the cases of recognition of civil status and a four-point difference in divorce. There is more support for EU to play a role in all the cases of family law under scrutiny here by the more educated. The most striking difference in support based on educational background is for recognition of civil status certificates. While the support is generally high across the board, 11 percentage points more people support EU facilitation in this regard among those who stopped full-time education after they turned 20 (81%), as opposed to those who left school until 15 years of age (70%).

Desired facilitation of legislation in the various areas

SEX

Adoption of children from

different member states

Recognition of civil status

certificates1 in another member

state

Divorce in another member

state




state

Male 74.7 76.1 58.4 65.6 62.3

Female 77.6 75.5 61.4 68.2 63.2

AGE

15 - 24 80.9 79.5 61.1 71.5 61.3

25 - 39 78.4 78.1 64 67.5 65.1

40 - 54 77.7 75.9 60.3 67.6 63.1

55 + 71.6 72.6 56.7 64.4 62

EDUCATION

until 15 years of age 71.3 69.8 57.4 63.7 61

16 - 20 75.1 75.2 59.7 66.2 62.3

20 + 80.3 80.8 62.9 69.2 66.2

Still in education 81.3 78.7 59.3 71.8 61.4

OCCUPATION

Self-employed 77.4 76 60.9 66.1 65.5

Employee 79.4 76.8 61.7 68 61.9

Manual worker 71 75.2 62.3 67 66.3

Not working 74.8 75.4 58.4 66.6 62.5

CITIZENSHIP

[FROM COUNTRY]

citizen 76.3 75.9 60.1 67 62.7

Citizens of another

EU Member 76.7 71.4 59.6 68.7 68.7

1 (birth certificate, marriage certificate)


page 14

2. What action the European Union should take as a priority In connection to their current expectations, citizens of the European Union were asked to name what kind of action the European Union should carry out as a priority with regard to family law legislation. Our findings show that none of the priorities were supported by overwhelming majorities in any of the EU25 countries. The overall plurality of respondents (38%) in the European Union believe that ensuring recognition of family law legal documents in any other Member States should be the EU’s priority, with 42% of the population of the New Member States and 37% of the EU15 countries thinking this way. Close to half of the population in Slovakia (49%), Hungary (47%), and Lithuania (46%) would like the EU to take ensuring recognition of family law documents in any other Member States as a priority but only around one third expect the same in Finland (29%), Spain (33%), Portugal (33%), Sweden (34%), and Belgium (34%). Very close to the support for recognition of family law documents, 38% of the overall EU population believe that the priority for EU action should be to establish standard formats for specific documents. The difference between EU25 and NMS10 are negligible in this case, both 36%. However, this option is more popular in some countries than in others. Forty-six percent of the Germans, 45% of the Austrians, and 43% of the Slovenians think this should be a priority. On the other end of the spectrum is Malta where only 22% of the people think this should be a priority. One in five (20%) people in the European Union think that enhancing mechanisms for translation of documents should be the priority. This option is very popular in Malta; close to a third (31%) of the Maltese think this should be a priority. At the same time, Hungarians are the least likely to name translation of documents as a priority, with only one in ten saying so.


GALLUP

47 46 43 43 42 42 42 41 40 40 40 39 38 38 38 38 36 35 35 35 35 34 34 33 33 29

30 3931 34 36

2736 34

26 29 32 2737

32 2936

29 3146 46

22

4336

27 34 30 41

1710

16 17 1626

18 1826 20

2024

2119 28 20

25 3015 16

31

1524

21

2421

21

4 3 7 6 5 5 4 7 7 12 8 94

11 5 7 10 3 5 412 7 5

188 17

10

49

0

10

20

30

40

50

60

70

80

90

100

SK HU

LT CZ IT EL

NM

S10 EE

LV IE NL

CY PL

UK

LU

EU

25 DK

FR

AT

DE

MT SI BE SE PT ES FI

Actions the European Union should take as a priority to:

Q2. And what kind of action do you think the EUROPEAN UNION should carry out as a priority in the above mentioned areas? Do you prefer the EUROPEAN UNION to:

% by country

Ensure recognition of such legal documents in any other member state

Establish standard formats for specific documents

Enhance mechanisms for translation documents

Doesn’t know



Men, the most educated, and citizens in a country are more supportive of establishing standard formats for specific documents than others. Some options are more popular than others for certain socio-economic groups. European men, for example are much more likely to prefer the EU to establish standard formats for specific documents (39%) than women (32%). Establishing standard formats is also more popular among the most educated (38%) when compared to the least educated (32%). Citizens of the countries where the interviews were carried out are more likely to support standard formats (36%) than the people who are citizens of another EU Member State (28%)

Priority actions, by socio-demographic segments

SEX Total N

% Ensure recognition of such legal documents in any other member

state

% Establish standard formats

for specific documents

% Enhance mechanisms

for translation of documents % DK/NA

Male 11136 36.4 39 18.8 5.9

Female 12065 38.8 32.4 21 7.9

AGE

15 - 24 3608 41.4 31.4 21.6 5.6

25 - 39 5840 38.5 37.4 19.4 4.7

40 - 54 6344 36.9 39.2 18.3 5.6

55 + 7168 35.9 33 20.8 10.3

EDUCATION

until 15 years of age 3715 36.6 32.1 19.2 12.1

16 - 20 9973 36.2 36.2 21.2 6.5

20 + 6612 40 37.6 17.9 4.4

Still in education 2283 41.8 33.4 20.4 4.4

OCCUPATION

Self-employed 2160 34.4 38.4 19.5 7.7

Employee 8015 37.9 39 18.3 4.7

Manual worker 1795 34.2 35 24.8 6

Not working 11088 38.5 32.7 20.4 8.4

CITIZENSHIP

[FROM COUNTRY]

citizen 22699 37.7 35.7 19.7 6.9 Citizens of another EU Member State 437 36.3 28.4 27.3 8


page 16

3. Preference for legal options for divorce The majority of the overall EU population think that when couples of different nationalities or if the couple live in a different country than their nationality want to have a divorce within the European Union they should be able to chose between several options with regard to how to proceed with the divorce. Twenty-seven percent of the EU25 population prefer the option that people should be able to choose which country’s divorce law should apply: the law of the country they currently live, or where they used to live, or that of their country of origin. This is especially a popular option in Germany (38%), Sweden (38%), and Denmark (35%) but much less popular in Estonia (14%), Belgium (15%), Hungary (16%), and the Netherlands (17%). Less popular is the option that people should only be able to choose in which country the divorce proceeding will take place, with an average 14% of the EU25 favouring this alternative. Only around one in ten people prefer this option in Finland (8%), Malta (10%), Sweden (10%), France (10%), the UK (10%), and Ireland (11%). Still, twice the percentage of this, one in five, prefer to have this as an option in the Czech Republic (20%), Lithuania (19%), Latvia (19%), and Luxembourg (18%). Fifty-two percent of the EU25 population want to keep their options open when it comes to divorce and believe that people should have both of the previous options available and be able to chose for themselves. The majority support this in the New Member States (55%) and in the EU15 (51%). The support for a combination package of alternatives is very high in certain countries as around two thirds of the population in Hungary, Greece, and Ireland are in favour of people being able to choose between which country’s divorce law should apply or in which country the divorce proceeding should take place.


GALLUP

38 35 33 31 29 28 28 27 27 25 25 23 23 23 23 22 21 20 20 17 17 17 17 16 15 14

15 10 1210 14

10 14 15 18 14 14 820 16 14 15 12 17 19

10 19 16 15 15 15 15 15

4243 43 53 49 57 49 47 45 52 55

57

51 55 58 53 6146

58

49

53 61 59 60 6256 63

5 10 104 6 5 9 10 10 7 6 10 5 7 6 9 5

163

2211 6 9 10 8

138

38

0

10

20

30

40

50

60

70

80

90

100

DE

SE DK

FR SK UK

PT

AT

LU

EU

25 PL FI

CZ

NM

S10 SI CY IE IT LV

MT

LT EL

EE

NL

HU BE ES

Legal options for divorce in European Union

Q3. What legal options should be available for couples who want to have a divorce in the EUROPEAN UNION , if partners have different nationalities or if they live in a different country then their nationality?

% by country

People should be able to choose which country’s divorce law should apply

People should be able to choose in which country the divorce proceeding will take place

Both options should be available

Doesn’t know



Women, the educated, and the youth are more supportive of having both options available for divorcing couples Women of the EU are somewhat more likely to support that both options should be available for divorcing couples than men as 55% of women are in favour of this, compared to only 49% of men. The younger generation is also more supportive of the policy that both options should be available. Fifty-nine percent of those between the ages of 15-24 prefer to have both options available. The percentage of people supporting both opportunities gradually decreases with age and only 47% of those aged 55 and above are in favour of providing as many options as possible when it comes to divorce. Also more than half of those who left school after they turned 20 (53%) or between the ages 16-20 (52%) are in favour of keeping both options available

Legal options for divorce, by socio-demographic segments

SEX Total N

% People should be able to choose which country's divorce law

should apply

% People should be able to choose in

which country the divorce proceeding

will take place

% Both options should

be available % DK/NA

Male 12028 29.1 14.2 48.8 7.9

Female 12999 24.8 13.7 54.6 6.9

AGE

15 - 24 3760 22 16.3 58.5 3.2

25 - 39 6237 26.7 14.3 54.3 4.8

40 - 54 6808 28.2 13.4 51.4 7

55 + 7944 28.5 13.2 47 11.3

EDUCATION

until 15 years of age 4171 27 12.1 48.2 12.8

16 - 20 10787 27.9 14.5 52.2 5.4

20 + 6964 26.6 12.6 53.3 7.5


OCCUPATION

Self-employed 2316 30.3 13.2 49.2 7.3

Employee 8578 27.8 12.8 53.8 5.6

Manual worker 1942 26.7 15.3 52.4 5.6

Not working 12013 25.7 14.7 50.7 8.9

CITIZENSHIP

[FROM COUNTRY]

citizen 24470 26.8 14 51.8 7.4

Citizen of another EU

Member States 474 28.4 13.3 52.7 5.6


page 18

4. Automatic validation of friendly divorce agreements An overwhelming majority (87%) of the citizens of the European Union support an automatic validation of friendly divorce agreements in any other Member States. When asked, nine in ten people from the New Member States (90%) agree that if a divorcing couple reached a friendly agreement on the distribution of their belongings, it should be automatically valid in any other European Union Member State.


GALLUP

Should be valid in any EU states;

87

DK/NA; 3

No; 10

Divorce in an EU-foreign, or cross-border setting

Could concern you

or your relatives in the next 20

years, 33

DK/NA, 12

No, 55

Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be automatically valid in any other EUROPEAN UNION member state?

% EU25

Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next 20 years?

% EU25

Distribution of belongings: the friendly agreement of the couple ...

This issue ...

% %

Even though there is a great support for automatic validation of friendly divorce agreements inside the European Union (87%), only one third of the EU population believe that this issue could concern them or a relative in the next twenty years (33%). Only in three countries of the European Union do majorities of the population believe that this issue of divorce could be relevant to them or their relatives in the future, these include Malta (65%), Ireland (57%), and Cyprus (55%). But much less, just around a quarter of the people believe that this issue could be relevant to them or relatives in the Czech Republic (25%), Germany and Hungary (24% each), and the Netherlands (20%).




GALLUP

93 93 92 91 91 91 91 90 90 90 89 88 88 87 86 86 85 84 83 83 81 81 80 80 78 75

4136

24 25

36

47

29

42 39

47

28

46

20

34 3340

57

24

32 32 30

4137

55

65

46

36

93

0

10

20

30

40

50

60

70

80

90

100

LV SK HU CZ SI FI

IT ES

NM

S10 PL

PT EL

NL

EE

EU

25 FR IE DE

BE

AT

UK

DK

LT

CY

MT

LU SE

validity concerning

Validity and the concerning of the agreement on the distribution of belongings after divorce: % of ‘yes’ answers

Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be automatically valid in any other EUROPEAN UNION member state?

% by country

Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next 20 years?

% by country

Automatic validation of friendly divorce agreements is very popular with all, regardless of socio-economic status Automatic validation of friendly divorce agreements is supported by very strong majorities regardless of socio-economic background. Educated Europeans who left formal full-time schooling after they turned 20 and the self-employed are the most ardent supporters of this policy; nine in ten (90%) support this policy in each of those groups. Automatic validation of a friendly divorce agreement is a more relevant issue to younger people and to people who are not citizens of the countries where the interviews were carried out Cross-nationality divorce is an especially relevant issue for people who are citizens of another EU Member State; two in five (40%) think that this will concern them or a relative in the next 20 years while only one third (33%) of the citizens in a country think the same way. As expected, older Europeans feel the topic of cross-nationality divorce is less relevant for them than to the younger generation. Twenty-eight percent of those 55 and older feel that this could concern them or a relative while an impressive 12-percentage-point more, 40% of the youngest generation (aged 15-24) feel this could be of concern in the next 20 years. The most educated also feel that the policy of automatic validation could be relevant to them in the next 20 years; 36% feel this way as opposed to 29% of those who left education until 15 years of age.


page 20

Cross-border, or EU-foreign divorce as a distant possibility, by socio-economic segments

SEX Total N % Yes % No % DK/NA

Male 12028 33 55.1 11.9

Female 12999 33.5 54.5 12

AGE

15 - 24 3760 39.8 50.6 9.5

25 - 39 6237 35.3 53.6 11.1

40 - 54 6808 34 53.3 12.7

55 + 7944 28.3 58.8 12.9

EDUCATION

until 15 years of age 4171 29.3 56.7 14

16 - 20 10787 32.6 56.1 11.3

20 + 6964 35.8 53.1 11.1

Still in education 2367 36.6 52.9 10.5

OCCUPATION

Self-employed 2316 39.9 48 12

Employee 8578 35 54.2 10.8

Manual worker 1942 37.4 49.4 13.2

Not working 12013 30.3 57.2 12.5

CITIZENSHIP

[FROM COUNTRY]

citizen 24470 33.2 54.8 12

Citizens of another EU

member States 474 39.9 48.8 11.3



5. Recognition of testaments in the European Union Eight out of ten citizens (80%) of the European Union think that it is necessary to ensure the recognition of testaments (Last Wills) in any other Member State different from the country of the deceased. Support for the recognition of testament from a different EU Member State is especially strong among Latvians (92%), Germans (92%), Hungarians (88%), and Italians (88%). A lower percentage of people, but still a majority, support EU-wide recognition of testaments in the UK (63%), Cyprus (68%), Denmark, and the Czech Republic (71% each).


GALLUP

9288 88 87 87 84 84 83 82 82 80 80 79 78 75 75 74 74 74 74 73 73 71 71 68

63

4 6 9 8 8 7 11 9 13 13 13 14 15 17 17 18 18 21 19 16 17 20 22 1923 25

31

92

40

20

0

20

40

60

80

100

LV

DE

HU IT SK EE

AT

LT

PL

NM

S10

NL

BE

EU

25 LU FR SI FI

EL

PT ES

MT SE IE CZ

DK

CY

UK

Yes No

Recognition of testament from a different EU member state:

Q6. Do you think it is necessary to ensure the recognition of testaments (Last Wills) in any other EUROPEAN UNION member state different from the country of the deceased?

% by country

The most educated are the strongest supporters of recognizing testaments within the EU Those residents of the EU who left school after they turned 20 support recognition of last wills in any other EU Member State more than anyone else, with 83% behind this policy. Considerably less, only 75% of the 15 years of age or less school leavers support the same.


page 22

Recognition of testaments across the EU, by socio-demographic segments


Male 12028 81 14.8 4.2

Female 12999 79.7 14.6 5.7

AGE

15 - 24 3760 81.3 14.9 3.8

25 - 39 6237 81.6 14.7 3.7

40 - 54 6808 81.5 14.2 4.3

55 + 7944 78.4 14.8 6.8

EDUCATION

until 15 years of age 4171 74.6 18.2 7.2

16 - 20 10787 81 14.3 4.6

20 + 6964 83.2 13 3.9

Still in education 2367 81.6 14.3 4

OCCUPATION

Self-employed 2316 80.6 14.8 4.6

Employee 8578 81.5 14.6 3.9

Manual worker 1942 82.9 12.2 4.9

Not working 12013 79.2 15.1 5.7

CITIZENSHIP

[FROM COUNTRY]

citizen 24470 80.5 14.5 4.9


Member States 474 75.1 18.5 6.4



6. Proving rights to inherit from another Member State When asked, the majority of the citizens of the European Union (77%) think it is rather difficult to prove their rights when they inherit from somebody who owns belongings in another European Union Member State. Proving inheritance rights seem especially hard in Germany, France, and Sweden where large majorities, ranging from 83% to 89%, think it is rather difficult to prove such rights. Only in a couple of countries such as Finland and Cyprus can we see that more than 20% of the population think it is rather easy to prove rights to inherit from another Member State. However, less than one in ten people in France (6%), Germany (8%), Slovakia (9%), Latvia (9%), and the UK (9%) think it happens with ease to prove inheritance rights across Member States. People in the European Union are seven percentage points more likely to find it rather difficult to prove inheritance rights across Member States (77%) than people from NMS10 (70%).


GALLUP

22 19 19 17 16 16 16 15 15 14 13 12 12 12 12 11 11 11 11 11 10 9 9 9 8 6

7066

76 73 7175 77

60 6065

7972 69

7470

7883

6977

7380

74 7378 77

89 86

23

100

80

60

40

20

0

20

40

FI

CY

NL

EL SI DK

AT

EE ES

MT

LU IT CZ

HU

NM

S10

PT SE PL

EU

25 LT

BE IE UK

LV

SK DE

FR

Rather easy Rather difficult

Difficulty of proving rights to inherit from another EU member state

Q7. If you inherit from somebody, who owns belongings in another EUROPEAN UNION member state, do you think it is rather easy or rather difficult to prove your rights?

% by country

Women and local citizens are more likely to think it is difficult to prove inheritance rights Gender and citizenship both seem to play roles in the perception of difficulty to prove inheritance rights. More women think it is difficult (79%) to prove their inheritance rights than men (74%) in the European Union. People who are citizens of another EU Member State are somewhat more likely to say (15%) that it is rather easy to prove inheritance rights across Member States than citizens (11%) of that particular country.


page 24

Proving rights to inherit from another EU Member State, by socio-demographic segments

SEX Total N % Rather easy

% Rather

difficult % DK/NA

Male 12028 13 73.6 13.4

Female 12999 9.1 79.2 11.8

AGE

15 – 24 3760 12.2 79.7 8

25 - 39 6237 11.5 75.8 12.7

40 – 54 6808 11.2 75.5 13.3

55 + 7944 9.9 76.8 13.4

EDUCATION


16 – 20 10787 10.5 78.8 10.8

20 + 6964 12 73.6 14.5


OCCUPATION

Self-employed 2316 14.2 71 14.8

Employee 8578 10.7 76.9 12.4

Manual worker 1942 10.1 76.4 13.6

Not working 12013 10.7 77.5 11.8

CITIZENSHIP

[FROM COUNTRY]

citizen 24470 10.9 76.7 12.4


Member States 474 14.7 69.2 16.1



Flash EB Series #188

Family Law

Annex Tables and

Survey Details

THE GALLUP ORGANIZATION


page 26

7. Annex tables

Table 1a. Expected intervention areas, by country ...............................Error! Bookmark not defined.

Table 1b. Expected intervention areas, by socio-demographics ..........Error! Bookmark not defined.

Table 2a. Most important direction of harmonisation, by country .....Error! Bookmark not defined.

Table 2b. Most important direction of harmonisation, by socio-demographicsError! Bookmark not defined.

Table 3b. Options to be available for divorcing couples, by socio-demographicsError! Bookmark not defined.

Table 4a. Automatic validation of friendly divorce agreements, by countryError! Bookmark not defined.

Table 4b. Automatic validation of friendly divorce agreements, by socio-demographics .......Error! Bookmark not defined.

Table 5a. Expected personal relevance of cross-nationality divorce, by countryError! Bookmark not defined.

Table 5b. Expected personal relevance of cross-nationality divorce, by socio-demographics Error! Bookmark not defined.

Table 6a. Recognition of testaments, by country...................................Error! Bookmark not defined.

Table 6b. Recognition of testaments, by socio-demographics ..............Error! Bookmark not defined.

Table 7a. Ease of proving inheritance rights across Member States, by countryError! Bookmark not defined.

Table 7b. Ease of proving inheritance rights across Member States, by socio-demographicsError! Bookmark not defined.



Table 1a. Expected intervention areas, by country QUESTION: Q1A-E. Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation % “expect” shown

Adoption of children

from different member

states


certificates (birth

certificate, marriage

certificate) in another member

state


state



Inheritance in another

member state

EU25 76.2 75.8 60 66.9 62.7

COUNTRY

EU15 60.8 77.4 54.9 61.9 67.4

NMS10 79.2 75.5 61 67.9 61.8

Belgium 76.5 67.2 59.2 67.2 63.9

Czech Rep. 62.3 73.4 50.2 55.7 63.5

Denmark 67.7 56.3 42 55.6 43.2

Germany 81.3 82.3 56.2 72.4 64.8

Estonia 50.5 63.2 46 46 67.8

Greece 71.6 72.6 63.5 64.7 60.1

Spain 79.1 72.1 69 70.1 61

France 84.9 78.9 70.3 72.3 70.2

Ireland 79.3 72.9 65.6 70.3 60.8

Italy 86.5 86.1 70.2 74.8 74.2

Cyprus 75.4 71.9 58.6 68.4 58.7

Latvia 64.8 81.3 69.8 66.8 81.9

Lithuania 46 69.8 43.7 46.2 47.1

Luxembourg 74.8 75.4 66.9 66.9 70.8

Hungary 68.6 83.2 69.9 75.7 78.8

Malta 71 70.8 39.5 64.1 58.4

Netherlands 73.9 71.4 49.2 61.7 49.3

Austria 65 76.9 49.4 57.9 54.2

Poland 58.8 77.9 53.5 62.3 66.8

Portugal 79.2 80.4 68.1 73.7 66.2

Slovenia 69.1 79.8 48.7 60.1 68.2

Slovakia 61.3 76.5 51.1 56.5 65.2

Finland 75.1 71.3 53 66 61

Sweden 69.4 48.2 38.7 56.4 46

United Kingdom 71.5 62.3 52.2 54.1 45.1


page 28

Table 1b. Expected intervention areas, by socio-demographics QUESTION: Q1A-E. Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation % “expect” shown

SEX

Adoption of children

from different member

states


certificates (birth

certificate, marriage

certificate) in another member

state


state

Child custody

dealings in another member

state


state

Male 74.7 76.1 58.4 65.6 62.3

Female 77.6 75.5 61.4 68.2 63.2

AGE

15 - 24 80.9 79.5 61.1 71.5 61.3

25 - 39 78.4 78.1 64 67.5 65.1

40 - 54 77.7 75.9 60.3 67.6 63.1

55 + 71.6 72.6 56.7 64.4 62

EDUCATION

until 15 years of age 71.3 69.8 57.4 63.7 61

16 - 20 75.1 75.2 59.7 66.2 62.3

20 + 80.3 80.8 62.9 69.2 66.2

Still in education 81.3 78.7 59.3 71.8 61.4

OCCUPATION

Self-employed 77.4 76 60.9 66.1 65.5

Employee 79.4 76.8 61.7 68 61.9

Manual worker 71 75.2 62.3 67 66.3

Not working 74.8 75.4 58.4 66.6 62.5

CITIZENSHIP [FROM COUNTRY] citizens 76.3 75.9 60.1 67 62.7

Citizens of another EU Member State 76.7 71.4 59.6 68.7 68.7



Table 2a. Most important direction of harmonisation, by country QUESTION: Q2. And what kind of action do you think the European Union should carry out as a priority in the above mentioned areas? Do you prefer the European Union to …?

Total N

% Ensure

recognition

of such legal

documents

in any other

member

state

% Establish

standard

formats for

specific

documents

% Enhance

mechanisms

for

translation of

documents % DK/NA

EU25 23201 37.6 35.5 19.9 6.9

COUNTRY

EU15 9111 41.7 35.6 18.3 4.4

NMS10 13919 36.8 35.5 20.2 7.4

Belgium 904 34.4 36.2 24 5.3

Czech Rep. 919 43.1 34 16.8 6.1

Denmark 873 37.5 28.5 24.5 9.5

Germany 964 34.7 45.5 15.6 4.3

Estonia 897 41.6 34.2 17.6 6.7

Greece 919 42.2 26.6 25.9 5.3

Spain 891 32.5 29.9 21.1 16.5

France 933 36.3 30.8 29.5 3.4

Ireland 934 40.2 28.6 19.7 11.6

Italy 967 42.5 35.7 16.4 5.4

Cyprus 914 39.5 27.2 24.1 9.2

Latvia 964 41 25.9 26.2 6.9

Lithuania 855 46 30.9 16.4 6.7

Luxembourg 892 38 29 28 5

Hungary 950 47.3 39.2 10.3 3.3

Malta 869 34.7 21.7 31.2 12.4

Netherlands 918 40.1 32.2 20 7.7

Austria 919 34.9 45.5 14.5 5.2

Poland 907 39 36.8 20.8 3.5

Portugal 908 33.4 34.4 24.4 7.9

Slovenia 957 34.6 43.3 15.1 7

Slovakia 890 49.4 30.1 16.8 3.6

Finland 934 28.8 40.5 21.2 9.5

Sweden 824 34.1 27.3 20.9 17.8

United Kingdom 888 38.1 31.5 19.3 11


page 30

Table 2b. Most important direction of harmonisation, by socio-demographics QUESTION: Q2. And what kind of action do you think the European Union should carry out as a priority in the above mentioned areas? Do you prefer the European Union to … :

SEX Total N

% Ensure

recognition

of such legal

documents

in any other

member

state

% Establish

standard

formats for

specific

documents

% Enhance

mechanisms

for

translation

of

documents % DK/NA

Male 11136 36.4 39 18.8 5.9

Female 12065 38.8 32.4 21 7.9

AGE

15 - 24 3608 41.4 31.4 21.6 5.6

25 - 39 5840 38.5 37.4 19.4 4.7

40 - 54 6344 36.9 39.2 18.3 5.6

55 + 7168 35.9 33 20.8 10.3

EDUCATION

until 15 years of age 3715 36.6 32.1 19.2 12.1

16 - 20 9973 36.2 36.2 21.2 6.5

20 + 6612 40 37.6 17.9 4.4


OCCUPATION

Self-employed 2160 34.4 38.4 19.5 7.7

Employee 8015 37.9 39 18.3 4.7

Manual worker 1795 34.2 35 24.8 6

Not working 11088 38.5 32.7 20.4 8.4

CITIZENSHIP [FROM COUNTRY] citizens 22699 37.7 35.7 19.7 6.9

Citizens of another EU Member State 437 36.3 28.4 27.3 8



Table 3a. Options to be available for divorcing couples, by country QUESTION: Q3. What legal options should be available for couples who want to have a divorce in the European Union, if partners have different nationalities or if they live in a different country then their nationality?

Total N

% People

should be

able to

choose

which

country's

divorce law

should apply

% People

should be

able to

choose in

which

country the

divorce

proceeding

will take

place

% Both

options

should be

available % DK/NA

EU25 25027 26.9 13.9 51.8 7.4

COUNTRY

EU15 10087 23.2 15.5 54.9 6.5

NMS10 14940 27.6 13.6 51.2 7.6

Belgium 998 15.2 15.2 56.4 13.3

Czech Rep. 1001 23.4 20.3 51.4 4.9

Denmark 1007 34.9 11.9 43.3 10

Germany 988 38 15.4 42.1 4.5

Estonia 1012 17 15.2 58.8 9

Greece 1000 16.8 16.4 60.7 6.1

Spain 986 13.6 15 63.4 7.9

France 989 33 9.8 53.1 4.1

Ireland 983 21.9 11.8 61.4 5

Italy 1005 21.4 17.4 45.6 15.6

Cyprus 1012 22.6 15.2 53.3 8.8

Latvia 1006 20.1 18.5 58.3 3.1

Lithuania 1017 17.4 19.4 52.7 10.6

Luxembourg 973 27.3 18 44.9 9.8

Hungary 1018 15.6 15.3 61.6 7.5

Malta 1001 19.6 9.5 48.7 22.1

Netherlands 1000 16.5 14.5 59.5 9.5

Austria 1015 28.2 14.5 47.2 10.1

Poland 1015 25 14 54.7 6.3

Portugal 982 27.8 14.3 49.4 8.6

Slovenia 1001 23.3 13.6 57.5 5.7

Slovakia 1004 31.1 14.4 48.8 5.7

Finland 1015 24.7 8.1 57.3 9.9

Sweden 991 37.9 10 42.5 9.5

United Kingdom 1008 28.7 10.1 56.5 4.7


page 32

Table 3b. Options to be available for divorcing couples, by socio-demographics QUESTION: Q3. What legal options should be available for couples who want to have a divorce in the European Union, if partners have different nationalities or if they live in a different country then their nationality?

SEX Total N

% People

should be

able to

choose

which

country's

divorce law

should

apply

% People

should be

able to

choose in

which

country the

divorce

proceeding

will take

place

% Both

options

should be

available % DK/NA

Male 12028 29.1 14.2 48.8 7.9

Female 12999 24.8 13.7 54.6 6.9

AGE

15 - 24 3760 22 16.3 58.5 3.2

25 - 39 6237 26.7 14.3 54.3 4.8

40 - 54 6808 28.2 13.4 51.4 7

55 + 7944 28.5 13.2 47 11.3

EDUCATION

until 15 years of age 4171 27 12.1 48.2 12.8

16 - 20 10787 27.9 14.5 52.2 5.4

20 + 6964 26.6 12.6 53.3 7.5


OCCUPATION

Self-employed 2316 30.3 13.2 49.2 7.3

Employee 8578 27.8 12.8 53.8 5.6

Manual worker 1942 26.7 15.3 52.4 5.6

Not working 12013 25.7 14.7 50.7 8.9

CITIZENSHIP [FROM COUNTRY] citizens 24470 26.8 14 51.8 7.4

Citizens of another EU Member State 474 28.4 13.3 52.7 5.6



Table 4a. Automatic validation of friendly divorce agreements, by country QUESTION: Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be automatically valid in any other European Union member state? Total N % Yes % No % DK/NA

EU25 25027 87.1 9.9 3

COUNTRY

EU15 10087 90.4 6.1 3.5

NMS10 14940 86.5 10.6 2.9

Belgium 998 84.4 12.6 3

Czech Rep. 1001 91.9 5.1 2.9

Denmark 1007 81.4 14.8 3.8

Germany 988 84.6 13.7 1.7

Estonia 1012 87.7 5.9 6.4

Greece 1000 89.3 8 2.7

Spain 986 90.7 5.1 4.2

France 989 86.4 11.3 2.3

Ireland 983 85.9 11.9 2.2

Italy 1005 91.1 5.8 3.1

Cyprus 1012 80.4 14.1 5.5

Latvia 1006 93.4 3.8 2.8

Lithuania 1017 80.9 9.3 9.8

Luxembourg 973 78.4 15.9 5.7

Hungary 1018 92.5 5.5 2.1

Malta 1001 79.8 10.5 9.7

Netherlands 1000 88.4 9.2 2.4

Austria 1015 83.4 11.7 4.9

Poland 1015 90.1 6.5 3.4

Portugal 982 89.7 7 3.4

Slovenia 1001 91.4 7 1.7

Slovakia 1004 92.9 4.3 2.8

Finland 1015 91.4 5.5 3.2

Sweden 991 74.5 18.9 6.7

United Kingdom 1008 82.6 14.2 3.2


page 34

Table 4b. Automatic validation of friendly divorce agreements, by socio-demographics QUESTION: Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be automatically valid in any other European Union member state?


Male 12028 86.9 10.3 2.8

Female 12999 87.3 9.5 3.2

AGE

15 - 24 3760 86.9 10.8 2.3

25 - 39 6237 88.4 9.6 2

40 - 54 6808 88.7 9.4 1.9

55 + 7944 85.2 9.9 4.9

EDUCATION


16 - 20 10787 87.3 10.1 2.6

20 + 6964 89.5 8.7 1.9

Still in education 2367 87 11.5 1.5

OCCUPATION

Self-employed 2316 89.2 8.9 1.9

Employee 8578 88.2 10 1.8

Manual worker 1942 86.8 11.4 1.8

Not working 12013 86.1 9.7 4.2

CITIZENSHIP [FROM COUNTRY] citizens 24470 87.2 9.8 3

Citizens of another EU Member State 474 83.5 14.7 1.8



Table 5a. Expected personal relevance of cross-nationality divorce, by country QUESTION: Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next 20years? Total N % Yes % No % DK/NA

EU25 25027 33.3 54.8 12

COUNTRY

EU15 10087 38.9 47 14

NMS10 14940 32.2 56.3 11.6

Belgium 998 32.2 52.4 15.4

Czech Rep. 1001 24.7 62.4 12.9

Denmark 1007 41.2 50.1 8.8

Germany 988 24 68.2 7.8

Estonia 1012 34 39.4 26.6

Greece 1000 45.6 40.8 13.6

Spain 986 41.7 41 17.2

France 989 40.4 47.8 11.8

Ireland 983 56.6 32.9 10.5

Italy 1005 28.9 57.5 13.6

Cyprus 1012 54.6 30.1 15.3

Latvia 1006 41.2 44.2 14.6

Lithuania 1017 37.4 35.2 27.4

Luxembourg 973 46.3 44.5 9.2

Hungary 1018 23.7 65.2 11.1

Malta 1001 65 15 19.9

Netherlands 1000 20.3 67.3 12.4

Austria 1015 32.3 53.8 13.9

Poland 1015 47 40.1 12.9

Portugal 982 27.8 48.5 23.7

Slovenia 1001 36.1 46.6 17.4

Slovakia 1004 36 47.8 16.2

Finland 1015 47.3 43 9.7

Sweden 991 35.5 53 11.5

United Kingdom 1008 29.5 63.1 7.4


page 36

Table 5b. Expected personal relevance of cross-nationality divorce, by socio-demographics QUESTION: Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next 20years?


Male 12028 33 55.1 11.9

Female 12999 33.5 54.5 12

AGE

15 - 24 3760 39.8 50.6 9.5

25 - 39 6237 35.3 53.6 11.1

40 - 54 6808 34 53.3 12.7

55 + 7944 28.3 58.8 12.9

EDUCATION

until 15 years of age 4171 29.3 56.7 14

16 - 20 10787 32.6 56.1 11.3

20 + 6964 35.8 53.1 11.1


OCCUPATION

Self-employed 2316 39.9 48 12

Employee 8578 35 54.2 10.8

Manual worker 1942 37.4 49.4 13.2

Not working 12013 30.3 57.2 12.5

CITIZENSHIP [FROM COUNTRY] citizens 24470 33.2 54.8 12




Table 6a. Recognition of testaments, by country QUESTION: Q6. Do you think it is necessary to ensure the recognition of testaments (Last Wills) in any other European Union member state different from the country of the deceased? Total N % Yes % No % DK/NA

EU25 25027 80.3 14.7 5

COUNTRY

EU15 10087 82.2 12.6 5.2

NMS10 14940 80 15.1 5

Belgium 998 80.4 14 5.6

Czech Rep. 1001 71.2 19.3 9.4

Denmark 1007 71 23.3 5.7

Germany 988 92.4 5.9 1.7

Estonia 1012 86.7 7.2 6.1

Greece 1000 74.4 20.9 4.6

Spain 986 74.3 16.3 9.4

France 989 78.4 16.5 5.2

Ireland 983 72.6 21.5 5.9

Italy 1005 87.6 8 4.4

Cyprus 1012 68 24.9 7

Latvia 1006 92.4 4.2 3.4

Lithuania 1017 84.2 9 6.9

Luxembourg 973 78.6 17 4.4

Hungary 1018 87.8 9.1 3.1

Malta 1001 73.7 16.8 9.5

Netherlands 1000 81.8 13.4 4.8

Austria 1015 84.4 11 4.6

Poland 1015 82.8 12.8 4.4

Portugal 982 73.7 19 7.3

Slovenia 1001 75.3 18 6.7

Slovakia 1004 86.9 8.3 4.7

Finland 1015 74.9 18.2 6.9

Sweden 991 73.3 19.6 7.2

United Kingdom 1008 63.4 30.6 6


page 38

Table 6b. Recognition of testaments, by socio-demographics QUESTION: Q6. Do you think it is necessary to ensure the recognition of testaments (Last Wills) in any other European Union member state different from the country of the deceased?


Male 12028 81 14.8 4.2

Female 12999 79.7 14.6 5.7

AGE

15 - 24 3760 81.3 14.9 3.8

25 - 39 6237 81.6 14.7 3.7

40 - 54 6808 81.5 14.2 4.3

55 + 7944 78.4 14.8 6.8

EDUCATION


16 - 20 10787 81 14.3 4.6

20 + 6964 83.2 13 3.9

Still in education 2367 81.6 14.3 4

OCCUPATION

Self-employed 2316 80.6 14.8 4.6

Employee 8578 81.5 14.6 3.9

Manual worker 1942 82.9 12.2 4.9

Not working 12013 79.2 15.1 5.7

CITIZENSHIP [FROM COUNTRY] citizens 24470 80.5 14.5 4.9




Table 7a. Ease of proving inheritance rights across Member States, by country QUESTION: Q7. If you inherit from somebody, who owns belongings in another European Union member state, do you think it is rather easy or rather difficult to prove your rights?

Total N % Rather easy

% Rather

difficult % DK/NA

EU25 25027 11 76.5 12.5

COUNTRY

EU15 10087 11.5 70.3 18.3

NMS10 14940 10.9 77.7 11.4

Belgium 998 10.2 79.5 10.3

Czech Rep. 1001 11.7 68.7 19.6

Denmark 1007 16.3 75.2 8.4

Germany 988 8.3 89 2.7

Estonia 1012 15.5 60.4 24.1

Greece 1000 18.6 72.7 8.8

Spain 986 14.8 60.3 24.9

France 989 5.7 86 8.3

Ireland 983 10.1 74 15.9

Italy 1005 13.3 71.8 14.9

Cyprus 1012 22.2 66.4 11.4

Latvia 1006 8.8 78.4 12.9

Lithuania 1017 11 72.6 16.4

Luxembourg 973 14.4 78.8 6.9

Hungary 1018 11.7 73.5 14.8

Malta 1001 14.9 64.8 20.3

Netherlands 1000 18.7 75.6 5.7

Austria 1015 15.8 76.7 7.6

Poland 1015 11.3 68.8 20

Portugal 982 11.6 77.9 10.6

Slovenia 1001 16.8 71.1 12.1

Slovakia 1004 8.5 76.5 15

Finland 1015 23.4 69.7 6.9

Sweden 991 11.3 83.2 5.5

United Kingdom 1008 8.5 73.3 18.2


page 40

Table 7b. Ease of proving inheritance rights across Member States, by socio-demographics QUESTION: Q7. If you inherit from somebody, who owns belongings in another European Union member state, do you think it is rather easy or rather difficult to prove your rights?

SEX Total N % Rather easy

% Rather

difficult % DK/NA

Male 12028 13 73.6 13.4

Female 12999 9.1 79.2 11.8

AGE

15 - 24 3760 12.2 79.7 8

25 - 39 6237 11.5 75.8 12.7

40 - 54 6808 11.2 75.5 13.3

55 + 7944 9.9 76.8 13.4

EDUCATION


16 - 20 10787 10.5 78.8 10.8

20 + 6964 12 73.6 14.5


OCCUPATION

Self-employed 2316 14.2 71 14.8

Employee 8578 10.7 76.9 12.4

Manual worker 1942 10.1 76.4 13.6

Not working 12013 10.7 77.5 11.8

CITIZENSHIP [FROM COUNTRY] citizens 24470 10.9 76.7 12.4




8. Survey details This survey on the "Consular protection and Family law" was conducted for the European Commission, Directorate-General JLS UNIT A5. Telephone interviews were conducted in each country with the exception of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia, where both telephone and face-to-face interviews were conducted (700 webCATI and 300 F2F interviews) The interviews were conducted between 03/07/2006 and 07/07/2006 by these Institutes: Belgium BE Gallup-Europe (Interviews : 03/07/2006 - 7/07/2006) Czech Republic CZ Focus Agency (Interviews : 03/07/2006 - 7/07/2006) Denmark DK Hermelin (Interviews : 04/07/2006 - 7/07/2006) Germany DE IFAK (Interviews : 03/07/2006 - 7/07/2006) Estonia EE Saar Poll (Interviews : 03/07/2006 - 7/07/2006) Greece EL Metroanalysis (Interviews : 03/07/2006 - 7/07/2006) Spain ES Gallup Spain (Interviews : 03/07/2006 - 6/07/2006) France FR Efficience3 (Interviews : 03/07/2006 - 7/07/2006) Ireland IE Gallup UK (Interviews : 04/07/2006 - 7/07/2006) Italy IT Demoskopea (Interviews : 03/07/2006 - 7/07/2006) Cyprus CY CYMAR (Interviews : 03/07/2006 - 7/07/2006) Latvia LV Latvian Facts (Interviews : 03/07/2006 - 7/07/2006) Lithuania LT Baltic Survey (Interviews : 03/07/2006 - 7/07/2006) Luxembourg CZ Gallup Luxembourg (Interviews : 03/07/2006 - 7/07/2006) Hungary HU Gallup Hungary (Interviews : 03/07/2006 - 7/07/2006) Malta MT MISCO (Interviews : 04/07/2006 - 7/07/2006) Netherlands NL Telder (Interviews : 03/07/2006 - 7/07/2006) Austria AT Spectra (Interviews : 03/07/2006 - 7/07/2006) Poland PL Gallup Poland (Interviews : 04/07/2006 - 7/07/2006) Portugal PT Consulmark (Interviews : 03/07/2006 - 7/07/2006) Slovenia SI Cati d.o.o. (Interviews : 03/07/2006 - 7/07/2006) Slovakia SK Focus Agency (Interviews : 03/07/2006 - 7/07/2006) Finland FI Hermelin (Interviews : 05/07/2006 - 7/07/2006) Sweden SE Hermelin (Interviews : 04/07/2006 - 7/07/2006) United Kingdom UK Gallup UK (Interviews : 03/07/2006 - 7/07/2006) Representativeness of the results Each national sample is representative of the population aged 15 years and above. Sizes of the sample The sample sizes amount to approximately 1000 respondents in each country. A weighting factor was applied to the national results in order to compute a marginal total where each country contributes to the European Union result in proportion to its population. The table below presents, for each of the 25 Member States: (1) the number of interviews actually carried out in each country (2) the population-weighted total number of interviews for each Member State


page 42

TOTAL NUMBER OF INTERVIEWS

Conducted % of Total Weighted % on Total ( weighted)

Total 25027 100 25027 100

1 Belgium 998 3.99 565 2.26 2 Czech Rep. 1001 4.00 572 2.28 3 Denmark 1007 4.02 287 1.15 4 Germany 988 3.95 4670 18.66 5 Estonia 1012 4.04 75 0.30 6 Greece 1000 4.00 611 2.44 7 Spain 986 3.94 2296 9.17 8 France 989 3.95 3161 12.63 9 Ireland 983 3.93 210 0.84 10 Italy 1005 4.02 3268 13.06 11 Cyprus 1012 4.04 40 0.16 12 Latvia 1006 4.02 129 0.51 13 Lithuania 1017 4.06 187 0.75 14 Luxembourg 973 3.89 23 0.09 15 Hungary 1018 4.07 550 2.20 16 Malta 1001 4.00 21 0.09 17 Netherlands 1000 4.00 872 3.49 18 Austria 1015 4.06 439 1.75 19 Poland 1015 4.06 2091 8.35 20 Portugal 982 3.92 572 2.29 21 Slovenia 1001 4.00 113 0.45 22 Slovakia 1004 4.01 294 1.17 23 Finland 1015 4.06 284 1.14 24 Sweden 991 3.96 488 1.95 25 UK 1008 4.03 3209 12.82



Questionnaires 1. The questionnaire prepared for this survey is reproduced at the end of this results volume, in English (see hereafter). 2. The institutes listed above translated the questionnaire in their respective national language(s). 3. One copy of each national questionnaire is annexed to the data table’s results volumes. Tables of results VOLUME A : COUNTRY BY COUNTRY The VOLUME A presents the European Union results country by country. VOLUME B : RESPONDENTS’ DEMOGRAPHICS The VOLUME B presents the European Union results with the following sociodemographic characteristics of respondents as breakdowns: Volume B : Sex (Male, Female) Age (15-24, 25-39, 40-54, 55 +) Education (15&-, 16-20, 21&+) Occupation Citizenship Statistical significance of the results The results in a survey are valid only between the limits of a statistical margin caused by the sampling process. This margin varies with three factors: 1. The sample size (or the size of the analysed part in the sample): the greater the number of respondents is, the smaller the statistical margin will be; 2. The result in itself: the closer the result approaches 50%, the wider the statistical margin will be; 3. The desired degree of confidence: the more "strict" we are, the wider the statistical margin will be. As an example, examine this illustrative case: 1. One question has been answered by 500 people; 2. The analysed result is around 50%; 3. We choose a significance level of 95 % (it is the level most often used by the statisticians, and it is the one chosen for the Table hereafter); In this illustrative case the statistical margin is: (+/- 4.4%) around the observed 50%. And as a conclusion: the result for the whole population lies between 45.6% and 54.4 %. Hereafter, the statistical margins computed for various observed results are shown, on various sample sizes, at the 95% significance level. STATISTICAL MARGINS DUE TO THE SAMPLING PROCESS (AT THE 95 % LEVEL OF CONFIDENCE) Various sample sizes are in rows; Various observed results are in columns:

5% 10% 15% 20% 25% 30% 35% 40% 45% 50%

N=50 6,0 8,3 9,9 11,1 12,0 12,7 13,2 13,6 13,8 13,9

N=500 1,9 2,6 3,1 3,5 3,8 4,0 4,2 4,3 4,4 4,4

N=1000 1,4 1,9 2,2 2,5 2,7 2,8 3,0 3,0 3,1 3,1

N=1500 1,1 1,5 1,8 2,0 2,2 2,3 2,4 2,5 2,5 2,5

N=2000 1,0 1,3 1,6 1,8 1,9 2,0 2,1 2,1 2,2 2,2

N=3000 0,8 1,1 1,3 1,4 1,5 1,6 1,7 1,8 1,8 1,8

N=4000 0,7 0,9 1,1 1,2 1,3 1,4 1,5 1,5 1,5 1,5

N=5000 0,6 0,8 1,0 1,1 1,2 1,3 1,3 1,4 1,4 1,4

N=6000 0,6 0,8 0,9 1,0 1,1 1,2 1,2 1,2 1,3 1,3


page 44

9. Survey questionnaire

Flash 188 : Family law & Consular protection D(7599) DG JAI 2006,

Draft Questionnaire v2.1 Good morning / afternoon, I’m ____________ from COMPANY. I would like to ask you to participate in a brief survey among the

citizens of the European Union. The survey is commissioned by the European Commission. Please help me with your answers, it will not take more than 10 minutes. The questionnaire is anonymous; your responses will be used to generate statistics for our country. You can refuse to answer to any of the questions if you wish so.

May I please speak to the person in your household, 15 years of age or older, who had the most recent birthday?

- Yes, respondent available ................................................................1 - No one in the household 15 or older [Thank and Terminate] ...........2 - No one 15 or older available [Set time to call back] .........................3 - Soft Refusal [Set time to call back]...................................................4 - Hard Refusal [Thank and Terminate] ...............................................5

FAMILY LAW Q1. Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate

legislation : [READ OUT - ROTATE]

- Expect...............................................................................................1 - Does not expect ...............................................................................2 - [DK/NA].............................................................................................9

a) Adoption of children from different member states ....................................................................1

b) Recognition of civil status certificates (birth certificate, marriage certificate) in another member state 2

c) Divorce in another member state ...............................................................................................3

d) Child custody dealings in another member state .......................................................................4

e) Inheritance in another member state .........................................................................................5

ONLY IF THERE IS AT LEAST ONE “1” ANSWER IN Q1

Q2. And what kind of action do you think the EUROPEAN UNION should carry out as a priority in the above mentioned areas? Do you prefer the EUROPEAN UNION to: [READ OUT – ROTATE- ONE ANSWER ONLY]

Ensure recognition of such legal documents in any other member state.......................................1

Establish standard formats for specific documents .......................................................................2

Enhance mechanisms for translation of documents ......................................................................3

- [DK/NA] ........................................................................................................................................9



Q3. What legal options should be available for couples who want to have a divorce in the EUROPEAN UNION , if partners have different nationalities or if they live in a different country then their nationality?

[READ OUT - ONE ANSWER ONLY]

- People should be able to choose which country's divorce law should apply: (the law of the country where they currently live, or where they used to live, or that of their country of origin) ......................................................................................................................................1

- People should be able to choose in which country the divorce proceeding will take place ........2 - Both options should be available ............................................................................................... 3 - [DK/NA] ........................................................................................................................................9

Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be

automatically valid in any other EUROPEAN UNION member state? [READ OUT - ONE ANSWER ONLY]

- Yes ..............................................................................................................................................1 - No ...............................................................................................................................................2 - [DK/NA] ........................................................................................................................................9

Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next 20years?

- Yes ..............................................................................................................................................1 - No ...............................................................................................................................................2 - [DK/NA] ........................................................................................................................................9

Q6. Do you think it is necessary to ensure the recognition of testaments (Last Wills) in any other EUROPEAN UNION

member state different from the country of the deceased?

- Yes ..............................................................................................................................................1 - No ...............................................................................................................................................2 - [DK/NA] ........................................................................................................................................9

Q7. If you inherit from somebody, who owns belongings in another EUROPEAN UNION member state, do you think

it is rather easy or rather difficult to prove your rights? [READ OUT - ONE ANSWER ONLY]

- Rather easy .................................................................................................................................1 - Rather difficult .............................................................................................................................2 - [DK/NA] ........................................................................................................................................9


page 46

CONSULAR PROTECTION

Q8. Do you plan to travel outside the EUROPEAN UNION in the coming, let’s say, 3 years?

[READ OUT - ONE ANSWER ONLY]

- Yes, for sure ................................................................................................................................1 - Probably yes ...............................................................................................................................2 - Certainly not ................................................................................................................................3 - [DK/NA] ........................................................................................................................................9

Q9. If you need urgent help (you lose your passport, you are arrested, you find yourself in a natural catastrophe like the

Tsunami ) in a country where [COUNTRY] has no embassy/consulate what must you do to get administrative help? [READ OUT – ROTATE - ONE ANSWER ONLY]

- You have to contact the [COUNTRY] Ministry of Foreign Affairs or .........................................1 - You have to use the services of a travel agent or........................................................................2 - You have to use the consular assistance by an Embassy / a Consulate of any other EUROPEAN UNION Member State or ...............................................3 - You have to use the consular assistance from the European Commission Delegation

in that country? ...........................................................................................................................4 - [DK/NA] ........................................................................................................................................9

Q10. Where do you prefer to receive the necessary assistance from, if you face serious trouble (e.g. being victim of a

Tsunami) in a country where [COUNTRY] has no Embassy / Consulate? [READ OUT – ROTATE - ONE ANSWER ONLY]

- From your own country, even from a distance...........................................................................1 - From the Embassy / Consulate of any EUROPEAN UNION country .........................................2 - From the Embassy / Consulate of a designated EUROPEAN UNION country ..........................3 - From a designated central EUROPEAN UNION service located in the country........................4 - [DK/NA] ........................................................................................................................................9

Q11. Currently you can receive consular assistance from an Embassy / Consulate of any other EUROPEAN UNION

member States. If you are in such a situation, what kind of assistance would you like to receive at the first place? [READ OUT - ONE ANSWER ONLY]

And secondly? [READ OUT – ROTATE - ONE ANSWER ONLY]

- The possibility to communicate with somebody who understands my language.........................1 - Someone to arrange my immediate return to home ....................................................................2 - The possibility to contact my family/my boss/my bank; ...............................................................3 - The possibility to get financial help ..............................................................................................4 - The possibility to get legal aid......................................................................................................5 - [DK/NA] ........................................................................................................................................9

a) Firstly ..............................................................................1 2 3 4 5 9 b) Secondly ..........................................................................1 2 3 4 5 9



SOCIO DEMOGRAPHICS

D1. Sex [1 ] Male [2 ] Female

D2. Exact Age: [_][_] Years old [ 0 0 ] [REFUSAL/NO ANSWER]

D3. Age when finished full time education : [EXACT AGE IN 2 DIGITS] [_][_] years old [ 0 0 ] [REFUSAL/ NO ANSWER] [ 0 1 ] [NEVER BEEN IN FULL TIME EDUCATION] [ 9 9 ] [STILL IN FULL TIME EDUCATION]

D4. As far as your current occupation is concerned, would you say you are self-employed, an employee, a manual worker or

would you say that you are without a professional activity ? [READ OUT LEFT ITEMS - THEN ASK TO SPECIFY (“that is to say”) - ONLY ONE ANSWER] - Self-employed

i.e. : - farmer, forester, fisherman ....................................................................11 - owner of a shop, craftsman ...................................................................12 - professional (lawyer, medical practitioner, accountant, architect,…) ....13 - manager of a company..........................................................................14 - other (SPECIFY)....................................................................................15

- Employee i.e. : - professional (employed doctor, lawyer, accountant, architect)...............21

- general management, director or top management ..............................22 - middle management, .............................................................................23 - civil servant............................................................................................24 - office clerk .............................................................................................25 - other employee (salesman, nurse, etc…)..............................................26 - other (SPECIFY)....................................................................................27

- Manual worker i.e. : - supervisor / foreman (team manager, etc …).......................................31 - manual worker .................................................................................32 - unskilled manual worker ........................................................................33 - other (SPECIFY) .................................................................................34

- Without a professional activity i.e. : - looking after the home ...........................................................................41 - student (full time) ...................................................................................42 - retired ...................................................................................................43 - seeking a job .........................................................................................44 - other (SPECIFY)....................................................................................45

- (Refusal) ............................................................................................................................99 D5. Region = "European Administrative Regional Unit" (N.U.T.S. 2) [2 DIGITS]

D6. Are you …? [READ OUT]

- a citizen of the country where interviewed or .............................................................................1 - a citizen of another EUROPEAN UNION member state or.........................................................2 - a citizen of a non-EUROPEAN UNION country? ........................................................................3 - (Refusal) ......................................................................................................................................9

family law analytical report

Documents

international family

eu member states

flash eurobarometer

european union women

family lawconducted

life of european citizens

eu population

gallup organization