The EU-Commission’s proposals for regulations on matrimonial property regimes and property consequenses of registered partnerships Jurisdiction By Ulf Bergquist

Jurisdiction in the event of death of one of the spouses Regulation on matrimonial propertyRegulation on matrimonial property Article 3Article 3 The same court that handles the successionThe same court that handles the succession

Jurisdiction in the event of the death of one of the spouses (continued) The habitual residence of the deceased spouseThe habitual residence of the deceased spouse EU-Commission’s proposal for a regulation on succession and willsEU-Commission’s proposal for a regulation on succession and wills (October 19th 2009)

Jurisdiction in the case of divorce Regulation on matrimonial propertyRegulation on matrimonial property Main rule. Article 4Main rule. Article 4 The same court that handles the divorce proceedings (seven possibilities)The same court that handles the divorce proceedings (seven possibilities) Brussels II bis (EC) No 2201 / 2003Brussels II bis (EC) No 2201 / 2003

Jurisdiction in the case of divorce (continued) Important condition Both spouses agree. If not, Article 5 applies insteadBoth spouses agree. If not, Article 5 applies instead

Jurisdiction in the event of death of one of the registered partners Regulation on property of registered partnersRegulation on property of registered partners Article 3Article 3 The same court that handles the successionThe same court that handles the succession

Jurisdiction in the event of death of one of the registered partners (continued) The habitual residence of the deceased partnerThe habitual residence of the deceased partner EU-Commission’s proposal for a regulation on succession and willsEU-Commission’s proposal for a regulation on succession and wills

Jurisdiction in the event of death of one of the registered partners (continued) Note: (Article 3.2) The court may decline jurisdiction if its law does not recognize the institution of registered partnership. Then Article 5 applies instead.The court may decline jurisdiction if its law does not recognize the institution of registered partnership. Then Article 5 applies instead.

Jurisdiction in the case of separation between the registered partners Regulation on property of registered partnersRegulation on property of registered partners Main rule. Article 4Main rule. Article 4 The same court that handles the dissolution of the registered partnershipThe same court that handles the dissolution of the registered partnership

Jurisdiction in the case of separation between the registered partners (continued) Important condition Both partners agree. If not, Article 5 applies insteadBoth partners agree. If not, Article 5 applies instead