Chapter 16: Matrimonial Proceedings
16. Matrimonial proceedings INTRODUCTION The Brussels IIA Regulation The jurisdiction of the courts of the EU Member States to entertain matrimonial proceedings, and the recognition between Member States of matrimonial decrees, is now governed by EC Regulation 2201/2003 concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, which may conveniently be referred to as the Brussels IIA Regulation.1 This Regulation became applicable on 1st March 20052 in the twenty-four then Member States other than Denmark,3 and on 1st January 2007 in Bulgaria and Romania.4 It is on the provisions of the Brussels IIA Regulation which deal with matrimonial jurisdiction and decrees that this chapter is focused. Matrimonial jurisdiction and decrees had previously been regulated by EC Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses, which is commonly known as the Brussels II Regulation.5 That Regulation had entered into force on 1st March 2001 for the fourteen then Member States other than Denmark,6 and on 1st May 2004 for the ten States which joined the European Community in 2004.7 The entry into force of the Brussels II Regulation constituted a landmark in the harmonisation of private international law at European Union level, since it was the first EU measure to enter into force dealing with private international law in family matters (other than maintenance). The Brussels II Regulation had in turn replaced the...
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