Sharon Eden: Forum Shopping: Marinos v Marinos

04 FEB 2008

Sharon Eden, Solicitor

In the UK case Marinos v Marinos [2007] EWHC 2047, [2007], 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 [2008] International Family Law, Issue 1.

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