A Spouse Can Only Have One Habitual Residence for the Application of Article 3 Brussels II-bis

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1339-1343 | European Forum Insight of 15 February 2022 | (Table of Contents) I. Introduction. - II. A spouse can only have one habitual residence - III. Some clarifications on the definition of habitual residence | (Abstract) In application of art. 3 Brussels II-bis a spouse can only have one habitual residence even if he/she share his/her time between two Member States. The court has the duty to establish his/her habitual residence taking into account the place where such person has the main centre of his or her interests and a stable presence.

Keywords

• habitual residence
• matrimonial proceedings
• brussels ii-bis
• change of habitual residence
• divorce
• forum-shopping