LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
Sharon Eden, Solicitor
In the UK case Marinos v Marinos  EWHC 2047, , Mr Justice Munby provided some clarity to a concept which was yet to be challenged in the matrimonial courts: the meaning and scope of 'habitual residence', and 'residence' under Art 3 of Council Regulation No 2201/2203, generally known as Brussels II Revised. When jurisdictional issues come into play, the lawyers will move onto other clauses under Art 3 (1), the last of which, (f), entitles a spouse to file a petition with the courts of the Member State of 'the habitual residence of the applicant provided that he or she has resided there for at least 6 months before making the application and he or she is a national of that Member State'. The facts of this case led to a rethink of the meaning and scope of this clause.
In this article Sharon Eden evaluates the decision of Marinos and the implications on the jurisdiction of international divorces. For the full article see  International Family Law, Issue 1.
To log on to Family Law Online or to request a free trial click here.
The Red Book is the acknowledged authority on practice and procedure