Cross-border divorce: jurisdiction and procedure

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Other grounds of jurisdiction

 

The Regulation contains two additional grounds of jurisdiction that might be relevant in particular cases.

According to Article 4 the court in which proceedings are pending on the basis of Article 3 shall also have jurisdiction to examine a counterclaim, insofar as the latter comes within the scope of this Regulation.

Article 5 deals with the conversion of legal separation into divorce and takes account of the fact that under the law of certain member states (e.g. Italy) legal separation is a required preliminary step to divorce (for further information please see Question A. 1 of the national sections). Article 5 provides that a court of a member state that has given a judgment on a legal separation shall also have jurisdiction for converting that judgment into a divorce, if the law of that member state so provides.