European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001

2001 No. 310

JUDGMENTS, ENGLAND AND WALES

FAMILY LAW, ENGLAND AND WALES

FAMILY LAW, NORTHERN IRELAND

The European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001

Made 2nd February 2001

Laid before Parliament 8th February 2001

Coming into force 1st March 2001

The Lord Chancellor, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to matters relating to jurisdiction over, and the recognition and enforcement of judgments in, matrimonial matters and in matters of parental responsibility for children of both spouses, in exercise of the powers conferred on him by that section, makes the following Regulations—

Citation, commencement and extent

Citation, commencement and extent

S-1 These Regulations may be cited as the European Communities...

1. These Regulations may be cited as the European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001 and shall come into force on 1st March 2001.

S-2 Other than regulations 1 and 5 and this regulation, which...

2. Other than regulations 1 and 5 and this regulation, which extend also to Northern Ireland, these Regulations extend to England and Wales only.

Amendments to the Domicile and Matrimonial Proceedings Act 1973

Amendments to the Domicile and Matrimonial Proceedings Act 1973

S-3 Section 5 of the Domicile and Matrimonial Proceedings Act 1973 ...

3.—(1) Section 5 of the Domicile and Matrimonial Proceedings Act 19733is amended as follows.

(2) In subsection (1) omit the words from “; and in this Part” to the words “Family Proceedings Act 1984”.

(3) After subsection (1) insert the following subsection—

S-1A

“1A In this Part of this Act—

“the Council Regulation” means Council Regulation (EC) No. 1347/2000of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses4;

“Contracting State” means—

(a) one of the original parties to the Council Regulation, that is to say Belgium, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the United Kingdom, and

(b) a party which has subsequently adopted the Council Regulation; and

“the court” means the High Court and a divorce county court within the meaning of Part V of the Matrimonial and Family Proceedings Act 19845.”.

(4) For subsection (2) substitute—

S-2

“2 The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

(a) the court has jurisdiction under the Council Regulation; or

(b) no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage is domiciled in England and Wales on the date when the proceedings are begun.”.

(5) For subsection (3) substitute—

S-3

“3 The court shall have jurisdiction to entertain proceedings for nullity of marriage if (and only if)—

(a) the court has jurisdiction under the Council Regulation; or

(b) no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage—

(i) is domiciled in England and Wales on the date when the proceedings are begun; or

(ii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of one year ending with the date of death.”.

(6) After subsection (3) insert—

S-3A

“3A Subsections (2) and (3) above do not give the court jurisdiction to entertain proceedings in contravention of Article 7 of the Council Regulation.”.

S-4 In paragraph 9(1) of Schedule 1 to the Domicile and Matrimonial...

4. In paragraph 9(1) of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973, after “in any matrimonial proceedings” insert—

“, other than proceedings governed by the Council Regulation,”.

Amendment to the Child Abduction and Custody Act 1985
S-5 Amendment to the Child Abduction and Custody Act 1985

Amendment to the Child Abduction and Custody Act 1985

5....

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