The habitual residence in a transnational divorce

could a multiple residence preserve the legal security? Regarding the ECJ of 25 of November of 2021, C-289/20, Ib v. Fa.

Abstract

The mobility of people today is an incipient reality. There are many married couples in Europe who live in different countries during the week but meet again at the weekend. However, the distance takes its toll in the long run and divorce always lurks. But when this happens, there is always a question to be resolved and that is which court is going to hear the divorce. To answer this question, the star aspect to determine is the habitual residence of the spouses. The purpose of this paper is the analysis of the ECJ resolution of  25 November 25 of 2021. It is a novel and important resolution for European private international family law. Novel because in it the CJEU treats for the first time the concept of habitual residence of the spouses by virtue of art. 3.1.a) of Regulation 2201/2003. Important because it allows reflection on aspects that have a significant practical application, such as the configuration of the forums of the 3.1 or the proper concept of habitual residence of the spouse, which not only has an impact on this Regulation 2201/2001 but also on all those who deal with the different consequences of the divorce.