Cross-border divorce: jurisdiction and procedure

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The principle of Article 6 Brussel II bis

 

This figure explains the principle of Article 6 Brussels II bis.

If one spouse is a national of a member state, other than the UK or Ireland, Brussels II bis Regulation applies.

If one spouse is domiciled in the UK or Ireland, Brussels II bis applies.

If one spouse is a third country national with habitual residence in an EU member state, Brussels II bis Regulation applies.

If one spouse is a third country national with habitual residence in a third state, Brussels II bis Regulation applies.

If both spouses are third country nationals with habitual residence in a third state, Brussels II bis Regulation does not apply. In this case domestic provisions on international civil procedure apply.

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