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Jurisdiction in International Matrimonial Matters

Jurisdiction in International Matrimonial Matters Jurisdiction in International Matrimonial Matters 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 . http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Journal of Law & Politics de Gruyter

Jurisdiction in International Matrimonial Matters

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Publisher
de Gruyter
Copyright
Copyright © 2009 by the
ISSN
2029-0454
eISSN
2029-0454
DOI
10.2478/v10076-009-0006-8
Publisher site
See Article on Publisher Site

Abstract

Jurisdiction in International Matrimonial Matters 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 .

Journal

Baltic Journal of Law & Politics – de Gruyter

Published: Jan 1, 2009

References

  • 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)
    Maarit Jantera-Jareborg
  • We have "two speed" Europe for cross border divorce law
    James McConalogue
  • Private International Law Aspects of the Matrimonial Matters in the European Union - Jurisdiction, Recognition and applicable law
    Iva Tomičic
  • 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
    Vigita Vėbraitė