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Maintaining jurisdiction
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Nicky Howarth and Hayley Trim Irwin MitchellOnce divorce proceedings have been issued in England solicitors might mistakenly sit back and assume they have secured jurisdiction and 'won' the jurisdiction race under Brussels II Revised (BIIR). But that is not necessarily the case. If the wife (in the stereotypical scenario) has issued divorce proceedings in England and your client the husband would have preferred the finances to be dealt with in another Brussels II country - Germany for example - where he would get a more favourable outcome all might not be lost.
Let’s say the wife petitioned in England but has not yet issued Form A. If Germany has jurisdiction under the Maintenance Regulation (Council Regulation (EC) No 4/2009) – for example on the basis of the husband being habitually resident there (Art 3) – you can still issue proceedings in Germany for maintenance to be determined. The German Court is...
Read the full article here.
