European UnionWhich country's law applies to our divorce if we have different nationalities?
In the EU, divorce jurisdiction is generally determined by where the spouses are habitually resident—not by nationality—under Regulation (EU) No 2201/2003.
What the Law Says
The law governing which EU country can hear your divorce case is set out in Regulation (EU) No 2201/2003 — known as the Brussels IIa Regulation. It applies uniformly across all EU Member States (except Denmark). Nationality is not the deciding factor; instead, the regulation focuses on habitual residence and domicile.
The key test is habitual residence: a court in an EU country can hear the divorce if both spouses are habitually resident there, or if the respondent is habitually resident there.
If neither spouse is habitually resident in the same EU country, other connecting factors apply — such as the applicant’s habitual residence for at least six months immediately before filing (if also a national of that state), or for at least one year regardless of nationality.
Special rules exist for spouses who are both EU nationals but live outside the EU — in those cases, the courts of the Member State of their common nationality may have jurisdiction.
Statutory Textthe courts of the Member State in which the respondent is habitually resident
— Regulation (EU) No 2201/2003, Art. 3(1)(a) — Jurisdiction
Statutory Textthe courts of the Member State where the applicant is habitually resident if he or she has resided there for at least six months immediately before the application was made and is either a national of that Member State or, in the case of Ireland or the United Kingdom, has his or her 'domicile' there
— Regulation (EU) No 2201/2003, Art. 3(1)(b) — Jurisdiction
What to Do
Identify where you and your spouse are habitually resident — this is the primary factor.
Check whether either of you has lived in an EU country for at least 6 months (or 1 year) before filing — and whether nationality or domicile applies.
File your divorce application in the EU country whose courts meet one of the jurisdictional criteria in Article 3.
If uncertain, consult a lawyer qualified in the relevant EU Member State — jurisdictional errors can lead to dismissal or parallel proceedings.
Note: Even if a court has jurisdiction, it does not automatically apply its own substantive divorce law — choice-of-law rules (e.g., Rome III Regulation) govern which country’s divorce *substance* applies.
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.