Cross-Border Divorce Law: Brussels II Bis

This book examines the divorce aspects of the Brussels II bis Regulation (Regulation 2201/2003). It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of the core jurisdictional concept of ‘habitual residence’. The scope of the Regulation is analysed, and particular attention is given to its possible application to civil partnerships and same-sex marriages. The book also analyses the Regulation’s impact on ancillary relief matters and its interaction with related measures of EU and national law in that context. The new recognition procedures are considered in detail, as are the defences to recognition, and the wider consequences of automatic recognition are assessed. The book provides in-depth coverage of relevant case-law of the national and EU courts, and particular attention is given to the likely impact of the cases decided under the 1968 Brussels Convention and under Regulation 44/2001 (including the Owusu case).