European UnionI'm divorcing my spouse who lives in another EU country. Which court has jurisdiction?
The court in the EU country where you or your spouse are habitually resident usually has jurisdiction, under Regulation (EU) No 2201/2003.
What the Law Says
The jurisdiction for divorce between spouses living in different EU countries is governed by Council Regulation (EC) No 2201/2003 — known as 'Brussels IIa'. It sets clear, harmonised rules so couples know which court can hear their case.
Under Article 3 of Regulation (EC) No 2201/2003, the courts of an EU Member State have jurisdiction in matters of divorce if: (a) the spouses are habitually resident in that Member State; or (b) they were last habitually resident there and one still resides there; or (c) the respondent is habitually resident there; or (d) the applicant is habitually resident there after residing there for at least six months immediately before the application (and is either a national or has resided there for at least one year).
The regulation applies to all EU Member States except Denmark. It was replaced by Regulation (EU) 2019/1111 ('Brussels IIb') as of 1 August 2022 — but for divorces filed before that date, Brussels IIa still applies.
‘Habitual residence’ is a factual concept — it means the place where a person has established the centre of their interests, not just physical presence. Courts assess duration, stability, integration, and intention.
Statutory Text1. The courts of a Member State shall have jurisdiction in matters of divorce... if: (a) the spouses are habitually resident in the Member State concerned; or (b) the spouses were last habitually resident in the Member State concerned and one of them still resides there; or (c) the respondent is habitually resident in the Member State concerned; or (d) the applicant is habitually resident in the Member State concerned and: (i) is a national of that Member State; or (ii) has been so resident for at least six months immediately before the application and is either a national of that Member State or has his or her habitual residence there.
— Council Regulation (EC) No 2201/2003, Art. 3(1) — Jurisdiction
What Courts Have Said
EU courts have clarified how ‘habitual residence’ and jurisdictional conflicts should be interpreted under Brussels IIa.
The CJEU held that habitual residence requires a certain degree of integration into a social and family environment — not mere physical presence. A parent’s unilateral removal of a child does not automatically shift habitual residence.
Though pre-Brussels IIa, this foundational case established that habitual residence depends on the facts and circumstances of each case — a principle consistently applied under Article 3.
What to Do
Check where you and your spouse are habitually resident — consider length of stay, work, family ties, and integration.
Confirm whether your divorce application was filed before or after 1 August 2022 — this determines whether Brussels IIa or Brussels IIb applies.
If both of you meet jurisdiction criteria in different EU countries, the court first seised (first to receive the application) generally takes precedence under Article 19.
Seek legal advice in both countries if jurisdiction is unclear — national courts may issue certificates confirming jurisdiction under Article 21.
File your application promptly — delays risk losing priority if your spouse files first elsewhere in the EU.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.