Dating matrimonial croatia 2016
One key element is that it applies to matrimonial regimes for the point of death, Art 4, and divorce, legal separation or marriage annulment, Art 5.
This is again a very civil law concept where a private client lawyer would often deal with both divorce and succession whereas in the common law world this work is invariably dealt with by completely different practitioners, family lawyers and probate lawyers. The Regulation naturally doesn’t cover maintenance obligations which are in the EU Maintenance Regulation, nor does it cover the nature of rights relating to a property.
Therefore there will for a time be parallel arrangements operated by land registries and other state registration organisations and by lawyers in casework.
It will be crucial to ascertain the date of marriage as to whether this Regulation may be applicable.
UK practitioners will feel very frustrated that they have over many years campaigned to the EU that Brussels II jurisdiction on divorce should be a hierarchy rather than a straight choice of menu, but wholly resisted by the EU whilst at the same time they have included hierarchy of jurisdiction now in several other EU family laws.
There are the usual other grounds of jurisdiction including forum of necessity.
However this is compounded in Art 5.2 by further jurisdictional requirements of the agreement of the respondent if relying on jurisdiction on the basis of the fifth or sixth indents of Art 3 or Arts 5 or 7 of Brussels II.
All they can do is commit in the agreement that if they will subsequently habitually reside in another state they will choose that state’s applicable law as their own for their matrimonial property regime in another, later agreement.The governing rule, Art 5, is that where a member state is seized to rule on a matter of divorce et cetera pursuant to Brussels II, the courts shall have jurisdiction to rule on matters of matrimonial property regimes.But like the Maintenance Regulation, this is overridden by the agreement of the parties.This of course begs the question of what would happen if they do not subsequently agree.Almost certainly it would mean that they would be applying the law of the country of habitual residence at the date of the marriage, which may have been many years, perhaps decades earlier and with which they no longer have any ongoing connection.