Divorce notary9/11/2023 ![]() ![]() When no court of a Member State has jurisdiction, pursuant to Articles 3, 4 and 5 of the Regulation, jurisdiction is determined by the common law of each State (art. With regard to nationality, article 3-1-b specifies that it is possible to submit the matrimonial dispute to the courts of the State of the common nationality of the two spouses or, in the case of the United Kingdom or of Ireland of common domicile.The latter is characterized by two elements: the desire of the person concerned to fix the usual center of his interests in a specific place and a sufficiently stable presence on the territory of the Member State concerned (CJEU, 25 Nov. Good to know: European case law considers that a spouse, even if he divides his life between two States, can only have one habitual residence. or the habitual residence of the applicant if he has resided there for at least six months immediately before the lodging of the application and if he is a citizen of the Member State in question”.or the habitual residence of the applicant, if he has resided there for at least one year immediately before the submission of the application,.or, in the event of a joint application, the habitual residence of one or the other spouse,.or the habitual residence of the defendant,.or the last habitual residence of the spouses as long as one of them still resides there,. ![]() “the habitual residence of the spouses,.With regard to habitual residence, the courts of the Member State in the territory where it is located, according to article 3-1-a, have jurisdiction.: What are the rules of jurisdiction provided for in these regulations? This leads to certain difficulties, particularly in the case of a dispute, since the courts seized will not necessarily have jurisdiction, pursuant to the regulations. Notaries are intended to receive any document from French or foreign parties, whether they are domiciled in France or abroad, as soon as the French law is applicable to their divorce (Circ. Similarly, divorce without a judge is excluded from the scope of the Regulations, which only concern divorces pronounced by a state court. On the other hand, disputes relating to maintenance obligations (for example the duty of assistance), to the compensatory allowance and to the patrimonial effects of the marriage, in particular the liquidation of the matrimonial regime, are excluded. These texts regulate jurisdictional disputes in matrimonial matters, and more specifically determine the rules of jurisdiction in matters concerning divorce, legal separation, and marriage annulment. These regulations bind all member states of the European Union with the exception of Denmark. Within the European Union, the jurisdiction of the courts is determined by the European regulation Brussels II bis applicable until 31 July 2022 and the regulation Brussels II ter from August 1, 2022. What are the texts that determine the competent court? Jurisdiction of the court in the European Union.Which court can you go to for divorce in an international context? ![]()
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