The destination at which the wedding was entered into doesn’t immediately determine which court could have jurisdiction within the full situation or which legislation is going to be placed on the breakup procedures. Both these issues need to be determined in each individual case.
For matrimonial things in EU states (except that Denmark), it really is not any longer the nationality of this partners that is appropriate however their host to permanent residence. Only when both partners have actually German nationality can they decide to pursue their situation ahead of the German courts, no matter where these are generally resident (Council legislation (EC) No 2201/2003 (Brussels IIa) of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial things plus in issues of parental duty, repealing legislation (EC) No 1347/2000, certified Journal associated with European Communities 2003 No L 338, p. 1 et seq.). (more…)