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Using the changing legal bases for divorce, this chapter first canvasses how the traditional dividing lines between the so-called ‘progressive North’, consisting of predominantly protestant jurisdictions, and the ‘conservative South’ with predominantly catholic populations have faded away in family law – only to be replaced by a new dividing line between Eastern and Western European jurisdictions regarding the recognition of same-sex relationships and same-sex families. It then discusses whether ‘the family’ is part of the ‘European Way of Life’, proclaimed by the European Commission as one of its policy and strategy aims. However, different understandings of what a ‘family’ is create tensions which manifest, in particular, when the Court of Justice or the European Court of Human Rights hand down decisions which mandate the recognition of family forms, creating elements of an institutional European Family Law. The chapter concludes by expressing the hope that in the long term the tensions between different conceptions of family can be resolved within the existing frameworks in Europe and that a family in one country will also be a family in all other European countries.
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