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Marinos: new definitions of habitual residence and residence for European Union family law cases
Marinos: new definitions of habitual residence and residence for European Union family law cases, affecting opportunities to claim jurisdiction in countries with which a family has close connections.
An important decision by Mr Justice Munby in the English High Court has decided that in European Brussels II cases:
- habitual residence must be defined in accordance with European community law;
- habitual residence is more directed to a person’s fixed centre of interest rather than length of residency;
- a person can only have one habitual residence at any one time but can be resident in more than one country at any one time;
- habitual residence can be lost and gained within a day akin to domicile; and previous English law on residency and habitual residency still applies in non EU cases
The decision has very considerable relevance for international families with ongoing strong connections with two or more countries. It potentially broadens the opportunity to claim divorce jurisdiction in the more favourable country.
A commentary by David Hodson can be found on the information pages and is being published in the December edition of Family Law magazine.
Posted on 29 October, 2007 by David Hodson
