Search results for "the concentration of jurisdiction should not be allowed without the spouses"

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Jurisdiction in cases of divorce, legal separation or marriage annulment

2021

The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorce, legal separation or marriage annulment should be dealt with by the courts of t…

legal separation or marriage annulmentlegal separation or marriage annulment Calabresethe concentration of jurisdiction should not be allowed without the spouses? agreement?. Unfortunatelyinternational familiesthe purpose of concentrating the proceedings is not always met. The Eu system of private international law in family matters has gradually extended its terms of reference from divorce and legal separation to the financial aspects of family lifeat least for the Member States that will take part in the enhanced cooperation. Nonethelessdivorcefamilias internacionaleslegal separation or marriage annulment may only be based on specific grounds of jurisdiction. In such casesjurisdictionlegal separation or marriage annulment should be dealt with by the courts of that Member Statepractically these topics are often addressed in the same action for divorce. Issues such as assigning the matrimonial homeit seems reasonable and in the parties? interests to have divorce and the related financial aspects handled by the same court. Coordinationconcentración de procedimientosCoordinacióndivorcioprocedimientos relacionados?unless the jurisdiction to rule on the divorceacuerdos 52 63:CIENCIAS JURÍDICAS [UNESCO]Cinzia The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorceagreements.UNESCO::CIENCIAS JURÍDICASand to the conditions and reasons that ground that ruling. The need to coordinate between the EU instruments becomes apparent because spouses litigate over the financial consequences of divorce. As a result2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113548 Jurisdiction in cases of divorcerelated procedurescompetenciaand the definition of the obligation of one spouse to support the other financially are strongly and substantially connected to the ruling on divorceconcentrating proceedingsseparación legal o anulación matrimonial
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