Cross-border Divorce Law: Brussels IIbis

ISBN : 9780199581191

Maire Ni Shuilleabhain
368 Pages
162 x 237 mm
Pub date
Oct 2010
Oxford Private International Law Series
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This book examines the divorce aspects of the Brussels II bis Regulation (Regulation 2201/2003). It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of the core jurisdictional concept of 'habitual residence'. The scope of the Regulation is analysed, and particular attention is given to its possible application to civil partnerships and same-sex marriages. The book also analyses the Regulation's impact on ancillary relief matters and its interaction with related measures of EU and national law in that context. The new recognition procedures are considered in detail, as are the defences to recognition, and the wider consequences of automatic recognition are assessed. The book provides in-depth coverage of relevant case-law of the national and EU courts, and particular attention is given to the likely impact of the cases decided under the 1968 Brussels Convention and under Regulation 44/2001 (including the Owusu case).


1. Introduction
2. Habitual Residence, Domicile and Other Connecting Factors
3. Personal, Temporal, Material and Geographic Scope of Brussels II bis
4. Jurisdictional Bases under Brussels II bis
5. Declining Jurisdiction under Brussels II bis
6. Recognition of Judgments under Brussels II bis
7. Conclusion

About the author: 

Maire Ni Shuilleabhain is a lecturer at the School of Law, University College Dublin where she teaches the conflict of laws, intellectual property law and commercial law. Her primary interests are in the family aspects of the conflict of laws and in trademark law. She has recently completed a PhD thesis at the University of Nottingham on the impact of Brussels IIbis Regulation (2201/2003) on matrimonial jurisdiction and recognition. She is qualified as a barrister (King's Inns, Dublin). She is also a graduate of University College, Dublin, Universitat Hannover and the University of Oxford.

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