Jurisdiction in International Matrimonial Matters

• Authors: Jurgita Grigienė
• Languages of publication: EN

Abstracts

EN

This article analyses the jurisdiction of the court in matrimonial matters. The criteria of jurisdiction, the principal of lis pendens, forum non conveniens, applicable law and the influence of jurisdiction on the outcome of the case are unfolded in the article. Matrimonial law differs from country to country. In some countries there are strict rules; in other countries there are liberal rules for divorce. In different countries there are different criteria for division of joint property between spouses, and different criteria for determining child custody. Depending on which country's court solves matrimonial dispute, there can be different outcomes to a case because each court applies its own conflicts of law rules and determines the applicable law to the lawsuit. This essay explores the peculiarities of international jurisdiction determination rules valid in the European Union, and some worldwide tendencies of international jurisdiction. As the EC Regulation does not determine one basic rule of jurisdiction in matrimonial matters, it is possible to choose from several alternative jurisdiction criteria and start a suit in the courts of several states. The essay addresses cases in which the parties can manipulate and misuse the jurisdiction criteria due to the lis pendens principle, as well as cases in which the legal certainty and legitimate expectation of spouses are infringed upon. The essay also presents particular recommendations about how to improve present legislation by incorporating case transfer mechanism or principles of forum non conveniens.

Keywords

EN

International jurisdiction; matrimonial matters; applicable law; lis pendens; forum non conveniens

• Publisher: Sciendo
• Journal: Baltic Journal of Law & Politics
• Year: 2009
• Volume: 2
• Issue: 1
• Pages: 97-111

Dates

published

2009-01-01

online

2009-08-26

Contributors

author

Jurgita Grigienė

• Vytautas Magnus University Faculty of Law, Lithuania

References

• Jantera-Jareborg, Maarit. "Marriage Dissolution in an Integrated Europe: The 1998 European Union Convention on Jurisdiction and the Recognition and Enforcement f Judgments in Matrimonial Matters (Brussels II Convention)." Yearbook of Private International Law 1 (1999): 1-36.
• McConalogue, James, and Margarida Vasconcelos. "We have "two speed" Europe for cross border divorce law." Through the EU Labyrinth (2008) //http://europeanfoundation.blogspot.com/2008/09/we-have-two-speed-europe-for-cross.html (accessed February 26, 2009).
• Tomičic, Iva Perin. "Private International Law Aspects of the Matrimonial Matters in the European Union - Jurisdiction, Recognition and applicable law." Zbornil PFZ 57 (2007): 847-880.
• Vėbraitė, Vigita. "Scope of Regulation (EC) No. 2201/2003 of 27 November 2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgment in Matrimonial Matters of Parental Responsibility." Teisė 63 (2007): 107-115.
• Brussels Convention on Jurisdiction and Recognition and Enforcement of Judgments in Matrimonial matters. Official Journal C 27, 1998.
• Commission of the European Communities. "Green Paper on Applicable Law and Jurisdiction in Divorce Matters"
• Council of the European Union. "Press release." 2887th Council meeting, C/08/205.
• Council Regulation (EC) No. 1347/2000 of 29 of May 2000 on Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses. Official Journal L 160/19, 2000.
• Council Regulation (EC) No. 2201/2003 of 27 November 2003 on Jurisdiction and the Recognition and the Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility, replacing Regulation (EC) 1347/2000. Official Journal L 338/1, 2003.
• European Judicial Network in Civil and Commercial Matters (Divorce - Poland)
• European Judicial Network in Civil and Commercial Matters (Divorce - Ireland)
• European Judicial Network in Civil and Commercial Matters (Divorce - Sweden)
• European Judicial Network in Civil and Commercial Matters (Divorce - Finland)
• I. Hadadi v. C. M. Mesko (married name Hadadi). European Court of Justice, 2008, no. C-168/08.
• K. S. Lopez v. M. E. L. Lizazo. European Court of Justice, 2007, no. C-68/07.
• Proposal for a Council Regulation amending Regulation (EC) No. 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters. Brussels, 17.7.2006 COM(2006) 399 final 2006/0135 (CNS) (presented by the Commission) {SEC(2006) 949}{SEC(2006) 950}.

Identifiers

DOI

10.2478/v10076-009-0006-8