Family Law. Analytical Report

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1 Flash Eurobarometer European 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 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 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 3 rd of July and the 7 th of July 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 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 Table of Contents Introduction... 3 Main findings... 4 Table of Contents Expectation regarding the role EU should play Adopting children from another Member State Recognizing civil status certificates Divorce in another Member State Child custody dealings in another Member State Inheritance in another Member State Younger Europeans and the more educated expect more EU facilitation in family law What action the European Union should take as a priority Preference for legal options for divorce Automatic validation of friendly divorce agreements Recognition of testaments in the European Union Proving rights to inherit from another Member State Annex tables Survey details Survey questionnaire Annex Tables, page 5

6 The Gallup Organization Flash EB N o 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: Adoption of children from different member states Recognition of civil status certificates in another member state Divorce in another member state Child custody dealings in another member state Inheritance in another member state DK/NA; Doesn't 7 expect; 17 Expects; 76 DK/NA; Doesn't 7 expect; 17 Expects; 76 Doesn't expect; 31 DK/NA; 9 Expects; 60 DK/NA; 9 Doesn't expect; 24 Expects; 67 DK/NA; 10 Doesn't expect; 27 Expects; 63 Source: FLASH EB July 2006 GALLUP 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 page 6

7 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 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 Expects Does not expect IT FR DE PT IE ES BE EU25 CY LU FI NL EL MT UK SE SI HU DK AT LV CZ SK NMS10 PL EE LT Source: FLASH EB July 2006 GALLUP 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.). page 8

9 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 Expects Does not expect IT HU DE LV PT SI FR PL NMS10 AT SK EU25 LU CZ IE EL ES CY FI NL MT LT BE EE UK DK SE Source: FLASH EB July 2006 GALLUP 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 (See the differences by demographical characteristics in Ch. 1.6.). Annex Tables, page 9

10 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%). 100 Expectation on the role of EU in: : Divorce in another member state Expects Does not expect FR IT HU LV ES PT LU IE EL EU25 BE CY DE NMS10 PL FI UK SK CZ NL AT SI EE LT DK MT SE Source: FLASH EB July 2006 GALLUP 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 (See the differences by demographical characteristics in Ch. 1.6.). page 10

11 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. 100 Expectation on the role of EU in: : Child custody dealings in another member state Expects Does not expect HU IT PT FR DE ES IE CY BE LU EU25 LV FI EL MT PL NMS10 NL SI AT SK SE CZ DK UK LT EE Source: FLASH EB July 2006 GALLUP 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.). Annex Tables, page 11

12 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 Expects Does not expect LV HU IT LU FR SI EE NMS10 PL PT SK DE BE CZ EU25 FI ES IE EL CY MT AT NL LT SE UK DK Source: FLASH EB July 2006 GALLUP 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 (See the differences by demographical characteristics in Ch. 1.6.). page 12

13 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 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 fulltime 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 children from dealings in certificates different 1 in another member another member another member state member states state SEX state Male Inheritance in another member state Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizen Citizens of another EU Member (birth certificate, marriage certificate) Annex Tables, page 13

14 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 SK HU LT CZ IT EL NMS10 EE LV IE NL CY PL UK LU EU25 DK FR AT DE MT SI BE SE PT ES FI Source: FLASH EB July 2006 GALLUP 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 page 14

15 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 Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizen Citizens of another EU Member State Annex Tables, page 15

16 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 DE SE DK FR SK UK PT AT LU EU25 PL FI CZ NMS10 SI CY IE IT LV MT LT EL EE NL HU BE ES Source: FLASH EB July 2006 GALLUP 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 page 16

17 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 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 (52%) are in favour of keeping both options available Legal options for divorce, by socio-demographic segments % People should be SEX Total N % People should be able to choose which country's divorce law should apply able to choose in which country the divorce proceeding will take place % Both options should be available % DK/NA Male Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizen Citizen of another EU Member States Annex Tables, page 17

18 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 DK/NA; 3 No; 10 Distribution of belongings: the friendly agreement of the couple... Should be valid in any EU states; 87 DK/NA, 12 No, 55 This issue... % % Could concern you or your relatives in the next 20 years, 33 Source: FLASH EB July 2006 GALLUP 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 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 Validity and the concerning of the agreement on the distribution of belongings after divorce: % of yes answers validity concerning LV SK HU CZ SI FI IT ES NMS10 PL PT EL NL EE EU25 FR IE DE BE AT UK DK LT CY MT LU SE Source: FLASH EB July 2006 GALLUP 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. Annex Tables, page 19

20 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 Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizen Citizens of another EU member States page 20

21 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: Yes No LV DE HU IT SK EE AT LT PL NMS10 NL BE EU25 LU FR SI FI EL PT ES MT SE IE CZ DK CY UK Source: FLASH EB July 2006 GALLUP 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. Annex Tables, page 21

22 The Gallup Organization Recognition of testaments across the EU, by socio-demographic segments SEX Total N % Yes % No % DK/NA Male Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizen Citizens of another EU Member States page 22

23 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 FI CY NL EL SI DK AT EE ES MT LU IT CZ HU NMS10 PT SE PL EU25 LT BE IE UK LV SK DE FR Source: FLASH EB July 2006 GALLUP 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. Annex Tables, page 23

24 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 Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizen Citizens of another EU Member States page 24

25 Flash EB Series #188 Family Law Annex Tables and Survey Details THE GALLUP ORGANIZATION Annex Tables, page 25

26 The Gallup Organization 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! not defined. Table 3b. Options to be available for divorcing couples, by socio-demographicserror! not defined. Bookmark Bookmark 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! not defined. Bookmark 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! not defined. Bookmark Table 7b. Ease of proving inheritance rights across Member States, by socio-demographicserror! Bookmark not defined. page 26

27 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 Recognition of civil status certificates (birth certificate, marriage certificate) in another member state Divorce in another member state Child custody dealings in another member state Inheritance in another member state EU COUNTRY EU NMS Belgium Czech Rep Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovenia Slovakia Finland Sweden United Kingdom Annex Tables, page 27

28 The Gallup Organization 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 Recognition of civil status certificates (birth certificate, marriage certificate) in another member state Divorce in another member state Child custody dealings in another member state Inheritance in another member state Male Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizens Citizens of another EU Member State page 28

29 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 EU COUNTRY EU NMS Belgium Czech Rep Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovenia Slovakia Finland Sweden United Kingdom Annex Tables, page 29

30 The Gallup Organization 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 : % Ensure SEX Total N 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 Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizens Citizens of another EU Member State page 30

31 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? % People should be Total N % People should be able to choose which country's divorce law should apply able to choose in which country the divorce proceeding will take place % Both options should be available % DK/NA EU COUNTRY EU NMS Belgium Czech Rep Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovenia Slovakia Finland Sweden United Kingdom Annex Tables, page 31

32 The Gallup Organization 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? % People SEX Total N % People should be able to choose which country's divorce law should apply should be able to choose in which country the divorce proceeding will take place % Both options should be available % DK/NA Male Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizens Citizens of another EU Member State page 32

33 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 EU COUNTRY EU NMS Belgium Czech Rep Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovenia Slovakia Finland Sweden United Kingdom Annex Tables, page 33

34 The Gallup Organization Table 4b. Automatic validation of friendly divorce agreements, by sociodemographics 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? SEX Total N % Yes % No % DK/NA Male Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizens Citizens of another EU Member State page 34

35 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 EU COUNTRY EU NMS Belgium Czech Rep Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Slovenia Slovakia Finland Sweden United Kingdom Annex Tables, page 35

36 The Gallup Organization Table 5b. Expected personal relevance of cross-nationality divorce, by sociodemographics QUESTION: Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next 20years? SEX Total N % Yes % No % DK/NA Male Female AGE EDUCATION until 15 years of age Still in education OCCUPATION Self-employed Employee Manual worker Not working CITIZENSHIP [FROM COUNTRY] citizens Citizens of another EU Member State page 36

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