European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/310 |
| Year | 2001 |
- “(1A) In this Part of this Act— “the Council Regulation” means Council Regulation (EC) No. 1347/2000 of 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 spouses ;“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 1984 .
- “(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.
- “(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.
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