International Divorce and Habitual Residence of the Spouses. Article 3 of the Brussels II-Ter Regulation

Abstract

This article analyzes one of the most relevant heads of international jurisdiction in the field of matrimonial matters included in art. 3 Brussels II-ter. This legal provision covers seven different grounds of international jurisdiction applicable with regard to legal separation, annulment of marriage and divorce. Specifically, the study focuses on the habitual residence of the spouses at the time the action is brought and its application in Spain. Hence, when both spouses have their habitual residence in Spain at that time, the determination of the international jurisdiction of the Spanish courts in divorce proceedings is always governed by the Brussels II-ter Regulation and never by the Spanish private international law, irrespective of the nationality of the spouses.