Cross-border divorce: jurisdiction and procedure

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Exception of Article 7 - residual jurisdiction

 

This figure explains the exception of Article 7 (residual jurisdiction).

If one spouse is a national of a member state, other than the UK or Ireland, Brussels II bis Regulation applies. But if no court in a member state has jurisdiction, domestic provisions on international civil procedure apply.

If one spouse is domiciled in the UK or Ireland, Brussels II bis applies. But if no court in a member state has jurisdiction, domestic provisions on international civil procedure apply.

If one spouse is a third country national with habitual residence in an EU member state, Brussels II bis Regulation applies. But if no court in a member state has jurisdiction, domestic provisions on international civil procedure apply.

If one spouse is a third country national with habitual residence in a third state, Brussels II bis Regulation applies. But if no court in a member state has jurisdiction, domestic provisions on international civil procedure apply.

If both spouses are third country nationals with habitual residence in a third state, Brussels II bis Regulation does not apply. That is why domestic provisions on international civil procedure apply.

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