Family Law Analytical Report

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Family Law Analytical Report

  1. 1. Flash Eurobarometer European The Gallup Organization Flash EB No 188 –Family Law Commission Family Law Analytical Report Fieldwork: June 2006 Report: October 2006 Flash Eurobarometer 188 – The Gallup Organization 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. Annex Tables, page 1
  2. 2. Flash EB No 188 –Family Law The Gallup Organization 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 page 2
  3. 3. The Gallup Organization Flash EB No 188 –Family Law 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. Annex Tables, page 3
  4. 4. Flash EB No 188 –Family Law The Gallup Organization 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 page 4
  5. 5. The Gallup Organization Flash EB No 188 –Family Law 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 Annex Tables, page 5
  6. 6. Flash EB No 188 –Family Law The Gallup Organization 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%). Expectations regarding the role EU to play in the following: Recognition of civil Divorce in another Child custody Inheritance in Adoption of children status certificates in member state dealings in another member from different another member another member state member states state state DK/NA; DK/NA; DK/NA; DK/NA; DK/NA; Doesn't 7 Doesn't 7 9 9 10 expect; expect; Doesn't Doesn't Doesn't 17 17 expect; expect; expect; Expects; 24 27 Expects; 31 Expects; Expects; 60 63 Expects; 67 76 76 Source: Q1.Please tell me for each of the following areas whether or not you expect the European Union to FLASH EB 188 play a role to facilitate legislation: 3-7 July 2006 % EU25 GALLUP page 6
  7. 7. The Gallup Organization Flash EB No 188 –Family Law 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. Annex Tables, page 7
  8. 8. Flash EB No 188 –Family Law The Gallup Organization 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. Expectation on the role of EU in: Adopting children from different member states 100 87 85 81 79 79 79 77 76 75 75 75 74 72 71 80 72 69 69 69 68 65 65 62 61 61 59 60 51 46 40 20 0 8 12 15 12 15 10 15 17 13 17 16 20 19 17 22 20 24 24 21 23 26 24 20 31 29 32 27 31 40 60 Expects Does not expect 80 100 DE HU DK BE SE EE FR LU UK SK ES LV NL EL PL CZ IE EU25 FI SI PT MT AT LT CY NMS10 IT Source: FLASH EB 188 Q1a.Please tell me for each of the following areas whether or not you expect the European Union to 3-7 July 2006 play a role to facilitate legislation: GALLUP Adoption of children from different member states % by country (See the differences by demographical characteristics in Ch. 1.6.). page 8
  9. 9. The Gallup Organization Flash EB No 188 –Family Law 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. Expectation on the role of EU in: Recognizing civil status certificates 100 86 83 82 81 80 80 79 78 77 77 77 76 75 73 73 73 72 72 80 71 71 71 70 67 63 62 56 60 48 40 20 0 8 13 16 12 9 14 17 17 16 15 18 17 17 15 14 15 20 21 18 18 22 18 22 19 20 29 32 36 40 60 Expects Does not expect 80 100 DE HU DK BE EE SE FR LU SK UK ES LV PL EL NL CZ IE EU25 SI FI PT AT MT LT NMS10 CY IT Source: FLASH EB 188 Q1b.Please tell me for each of the following areas whether or not you expect the European Union to 3-7 July 2006 play a role to facilitate legislation: GALLUP Recognition of civil status certificates (birth certificate, marriage certificate) in another member state % by country (See the differences by demographical characteristics in Ch. 1.6.). Annex Tables, page 9
  10. 10. Flash EB No 188 –Family Law The Gallup Organization 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%). Expectation on the role of EU in: : Divorce in another member state 100 80 70 70 70 70 69 68 67 66 64 60 59 59 56 60 55 54 53 52 51 50 49 49 49 46 44 42 40 39 40 20 0 22 24 21 18 19 23 20 25 29 25 28 25 31 33 36 35 32 33 31 30 39 40 39 40 39 40 48 49 49 60 Expects Does not expect 80 100 DE HU DK BE EE SE FR LU UK SK ES LV EL PL NL CZ IE EU25 FI SI PT AT LT MT CY NMS10 IT Source: FLASH EB 188 Q1c.Please tell me for each of the following areas whether or not you expect the European Union to 3-7 July 2006 play a role to facilitate legislation: GALLUP Divorce in another member state % by country (See the differences by demographical characteristics in Ch. 1.6.). page 10
  11. 11. The Gallup Organization Flash EB No 188 –Family Law 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. Expectation on the role of EU in: : Child custody dealings in another member state 100 76 75 74 72 72 80 70 70 68 67 67 67 67 66 65 64 62 62 62 60 58 57 56 56 56 54 60 46 46 40 20 0 18 14 16 21 15 16 20 21 24 23 24 23 26 25 22 20 28 27 29 31 28 31 29 27 28 34 34 37 40 60 Expects Does not expect 80 100 DE HU DK BE SE EE FR LU SK UK ES LV EL PL NL CZ IE EU25 FI SI PT MT AT LT CY NMS10 IT Source: FLASH EB 188 Q1d.Please tell me for each of the following areas whether or not you expect the European Union to 3-7 July 2006 play a role to facilitate legislation: GALLUP 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.). Annex Tables, page 11
  12. 12. Flash EB No 188 –Family Law The Gallup Organization 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%). Expectation on the role of EU in: : Inheritance in another member state 100 82 79 80 74 71 70 68 68 67 67 66 65 65 64 64 63 61 61 61 60 59 58 60 54 49 47 46 45 43 40 20 0 10 17 15 19 23 18 17 20 25 24 26 25 24 23 27 25 28 29 20 30 29 33 30 30 38 39 40 45 44 60 Expects Does not expect 80 100 DE HU DK EE BE SE FR LU SK UK ES LV PL EL NL CZ IE EU25 SI FI PT MT AT LT NMS10 CY IT Source: FLASH EB 188 Q1e.Please tell me for each of the following areas whether or not you expect the European Union to 3-7 July 2006 play a role to facilitate legislation: GALLUP Inheritance in another member state % by country (See the differences by demographical characteristics in Ch. 1.6.). page 12
  13. 13. The Gallup Organization Flash EB No 188 –Family Law 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 Recognition of Adoption of Child custody civil status Divorce in Inheritance in children from dealings in certificates1 in another member another member different another member another member state state member states state SEX 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) Annex Tables, page 13
  14. 14. Flash EB No 188 –Family Law The Gallup Organization 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. Actions the European Union should take as a priority to: 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 100 4 4 4 3 5 4 3 7 6 5 5 7 7 8 9 5 7 10 7 5 10 12 11 12 8 17 90 10 16 18 17 16 18 18 21 15 16 17 20 15 26 26 20 20 24 30 24 80 19 28 25 24 21 31 21 21 70 39 30 31 34 36 60 36 34 46 46 37 43 27 26 29 32 27 32 29 36 29 31 36 50 34 30 41 22 27 40 30 49 47 46 43 43 42 42 42 20 41 40 40 40 39 38 38 38 38 36 35 35 35 35 34 34 33 33 29 10 0 DE HU DK EE BE SE FR SK UK LU ES LV EL NL PL CZ IE EU25 SI FI LT AT MT PT NMS10 CY IT Source: FLASH EB 188 Q2. And what kind of action do you think the EUROPEAN UNION should carry out as a priority in the above 3-7 July 2006 mentioned areas? Do you prefer the EUROPEAN UNION to: GALLUP % by country page 14
  15. 15. The Gallup Organization Flash EB No 188 –Family Law 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 % Ensure recognition of such % Establish % Enhance legal documents in standard formats mechanisms any other member for specific for translation SEX Total N state documents 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 Annex Tables, page 15
  16. 16. Flash EB No 188 –Family Law The Gallup Organization 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. Legal options for divorce in European Union 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 100 4 5 6 3 5 10 10 6 9 7 6 5 7 9 5 6 9 10 8 8 10 10 10 11 13 90 16 22 80 42 70 43 43 53 49 57 51 55 58 58 49 47 45 52 55 53 61 57 53 61 59 60 62 60 46 63 56 49 50 15 10 12 40 10 14 10 14 15 18 14 14 20 16 30 8 14 15 12 17 19 10 19 16 15 15 15 15 20 15 38 38 35 33 31 29 28 28 27 27 25 25 23 23 23 23 10 22 21 20 20 17 17 17 17 16 15 14 0 DE HU DK SE EE BE FR SK UK LU ES LV PL EL NL CZ IE EU25 FI SI PT AT MT LT NMS10 CY IT Source: FLASH EB 188 Q3. What legal options should be available for couples who want to have a divorce in the EUROPEAN UNION , if 3-7 July 2006 partners have different nationalities or if they live in a different country then their nationality? GALLUP % by country page 16
  17. 17. The Gallup Organization Flash EB No 188 –Family Law 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 % People should be % People should be able to choose in able to choose which which country the % Both country's divorce law divorce proceeding options should SEX Total N should apply will take place 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 Still in education 2367 21.8 18.7 55.4 4.1 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 Annex Tables, page 17
  18. 18. Flash EB No 188 –Family Law The Gallup Organization 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. Divorce in an EU-foreign, or cross-border setting Distribution of belongings: This issue ... the friendly agreement of Could the couple ... concern you DK/NA, 12 or your relatives in the next 20 years, 33 DK/NA; 3 Should be valid in any % EU states; 87 % No; 10 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? Source: % EU25 FLASH EB 188 3-7 July 2006 Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives GALLUP in the next 20 years? % EU25 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%). page 18
  19. 19. The Gallup Organization Flash EB No 188 –Family Law Validity and the concerning of the agreement on the distribution of belongings after divorce: % of ‘yes’ answers validity concerning 100 93 93 93 92 91 91 91 91 90 90 90 89 88 88 87 90 86 86 85 84 83 83 81 81 80 80 78 80 75 70 65 60 57 55 50 47 47 46 46 41 42 40 41 39 37 40 36 36 34 36 33 32 32 29 28 30 30 24 25 24 20 20 10 0 DE HU DK EE BE SE FR SK UK LU ES LV PL EL NL CZ IE EU25 SI FI PT AT LT MT NMS10 CY IT Source: FLASH EB 188 Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should 3-7 July 2006 their agreement be automatically valid in any other EUROPEAN UNION member state? GALLUP % 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. Annex Tables, page 19
  20. 20. Flash EB No 188 –Family Law The Gallup Organization 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 page 20
  21. 21. The Gallup Organization Flash EB No 188 –Family Law 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). Recognition of testament from a different EU member state: 100 92 92 88 88 87 87 84 84 83 82 82 80 80 79 78 80 75 75 74 74 74 74 73 73 71 71 68 63 60 40 20 0 4 6 9 8 8 7 11 9 13 13 13 14 15 17 17 18 18 21 19 16 17 19 20 22 23 20 25 31 Yes No 40 DE HU DK EE BE SE FR LU SK UK ES LV PL NL EL CZ IE EU25 SI FI AT LT PT MT NMS10 CY IT Source: FLASH EB 188 Q6. Do you think it is necessary to ensure the recognition of testaments (Last Wills) in any other 3-7 July 2006 EUROPEAN UNION member state different from the country of the deceased? GALLUP % 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. Annex Tables, page 21
  22. 22. Flash EB No 188 –Family Law The Gallup Organization Recognition of testaments across the EU, by socio-demographic segments SEX Total N % Yes % No % DK/NA 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 Citizens of another EU Member States 474 75.1 18.5 6.4 page 22
  23. 23. The Gallup Organization Flash EB No 188 –Family Law 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%). Difficulty of proving rights to inherit from another EU member state 40 Rather easy Rather difficult 23 22 19 19 17 16 16 16 15 20 15 14 13 12 12 12 12 11 11 11 11 11 10 9 9 9 8 6 0 20 40 60 60 60 66 65 70 71 69 70 69 72 76 73 75 77 79 74 78 77 73 74 73 78 77 83 80 80 86 89 100 DE HU DK EE SE BE FR LU UK SK ES LV NL EL PL CZ IE EU25 FI SI AT MT PT LT CY NMS10 IT Source: FLASH EB 188 Q7. If you inherit from somebody, who owns belongings in another EUROPEAN UNION member 3-7 July 2006 state, do you think it is rather easy or rather difficult to prove your rights? GALLUP % 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. Annex Tables, page 23
  24. 24. Flash EB No 188 –Family Law The Gallup Organization Proving rights to inherit from another EU Member State, by socio-demographic segments % Rather SEX Total N % Rather easy 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 until 15 years of age 4171 8.7 76.7 14.6 16 – 20 10787 10.5 78.8 10.8 20 + 6964 12 73.6 14.5 Still in education 2367 13.6 77.6 8.8 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 Citizens of another EU Member States 474 14.7 69.2 16.1 page 24
  25. 25. The Gallup Organization Flash EB No 188 –Family Law Flash EB Series #188 Family Law Annex Tables and Survey Details THE GALLUP ORGANIZATION Annex Tables, page 25

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