ABSTRACT
The principle of party autonomy in the field of cross-border divorce (the possibility for parties to select the applicable law for their divorce case within a migration context) exemplifies the difficulties of balancing private international law (PIL) and migration law. PIL emphasizes cross-border harmony, but migration procedures often lead to contradictory regulations and ‘limping’ legal relationships (those that are lawful and valid in one legal order but not in another). Party autonomy is increasingly inserted into national PIL legislation, but implementation is a problem. Sufficient structural means and support need to be developed for the parties involved and for judicial and administrative authorities.
