Concretion of the habitual residence of spouses in European marriage crisis, episode 1

still living between several States, there is only one habitual residence

Abstract

Episode one deals with the CJEU’s definition of the concept of habitual residence of a spouse in divorce proceedings regulated by the Brussels II bis Regulation. For the Court, despite the fact that the lives of adults can develop in a more varied environment than that of minors and therefore they have natural links with more than one Member State, in the application of the Regulation a spouse only has one habitual residence. The criteria to specify this residence are initially two. The subjective, the will of the subject that the center of life and interests is specified in particular member state. The objective, that it has a minimum stable physical presence in it.