Case number and/or case name
M. v. A. - Civ. Liège, 5 November 2013
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Date of the judgement
04 November 2013
CJEU's case law cited by the court
Summary
The applicant filed a claim for divorce and request the liquidation and division the matrimonial property. The defendant joins the proceedings on 25 June 2013.
The Court establishes its jurisdiction on the basis of Art. 3(1)(a), first indent of the Brussels IIa Regulation. The spouses are habitually resident in Belgium.
The Court determines that Belgian law is applicable on the basis of Art. 8(a) Rome III Regulation (no. 1259/2010).
The Court pronounces the divorce since the parties mutually agreed to the divorce and had been separated for 6 months.
SHORT CRITIQUE
The Court correctly applies the Brussels IIa Regulation.