The European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under section 2(2) of the European Communities Act 1972, amend certain provisions of domestic law to clarify the relationship between those provisions and the provisions of Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses.

The purposes of the Council Regulations are to unify the jurisdictional rules in matrimonial matters and in matters of parental responsibility and to simplify the formalities for rapid and automatic recognition and enforcement of judgments relating to these matters. The Council Regulation is directly effective in the United Kingdom and, consequently, the changes effected by these Regulations are limited to those necessary to amend inconsistent provisions of national law.

The amendments to the Domicile and Matrimonial Proceedings Act 1973 (regulations 3 and 4) concern the jurisdiction of courts in England and Wales to entertain proceedings for divorce, judicial separation and nullity of marriage, and concern the power of those courts to stay such proceedings.

The amendment to the Child Abduction and Custody Act 1985 (regulation 5), which applies to England and Wales and Northern Ireland, makes clear that the provisions of the Council Regulation are to take precedence over the provisions of the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20th May 1980.

The amendments to the Family Law Act 1986 (regulations 6, 7, 8, 9 and 10) concern the jurisdiction of courts in England and Wales to make orders in or in connection with matrimonial proceedings with respect to children of both parties, and concern the rules as to recognition in England and Wales of divorces, annulments and judicial separations.