The destination from which the wedding had been entered into doesn’t immediately determine which court could have jurisdiction on the instance or which legislation may be placed on the breakup proceedings. Both these dilemmas need to be determined in each specific instance.
For matrimonial issues in EU states (except that Denmark), it really is not any longer the nationality associated with the partners that is relevant however their host to permanent residence. As long as both partners have actually German nationality can they decide to pursue their instance prior to the German courts, no matter where they have been resident (Council legislation (EC) No 2201/2003 (Brussels IIa) of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial issues as well as in things of parental duty, repealing legislation (EC) No 1347/2000, certified Journal for the European Communities 2003 No L 338, p. 1 et seq.). Continue reading