Jurisdiction
Chapter II establishes jurisdiction rules. In the event of the death of one of the spouses the courts of a member state seized by an application concerning the succession of a spouse under the proposed Succession Regulation, adopted in June 2012, shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application. The courts of a member state called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction, where the spouses so agree, to rule on matters of the matrimonial property regime arising in connection with the application. In cases other than those jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the member state:
- of the spouses' common habitual residence, or failing that
- of the last common habitual residence if one of them still resides there, or, failing that
- of the defendant's habitual residence, or failing that
- of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of their common 'domicile'.
Both parties may also agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime shall also have jurisdiction to rule on matters of their matrimonial property regime.