Cross-border divorce: jurisdiction and procedure

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Grounds of jurisdiction based on nationality

 

Article 3.1 (b) grants jurisdiction also to the courts of the member state of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the ‘domicile' of both spouses.

Cases of plurality of nationality were dealt with by the ECJ in the Hadadi case (case C-168/08). According to the operative part of the judgment, where spouses each hold the nationality of the same two member states, the courts of those member states of which the spouses hold the nationality have jurisdiction under that provision and the spouses may seize the court of the member state of their choice.