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Marinos v Marinos [2007] EWHC 2047 (Fam)
“In Marinos v Marinos [2007] EWHC 2047 (Fam) Munby J. decided various matters concerning the interpretation of the “Brussels II (amended)” Council Regulation which is of considerable importance to all matrimonial practitioners.
He held that the “centre of interests” test is the correct one to apply when ascertaining a party’s habitual residence for the purpose of the Regulation. Furthermore an individual may not have more than one habitual residence at one time for the purposes of the Regulation (and the decision of the Court of Appeal in Ikimi v Ikimi does not therefore apply). He also held that contrary to the commentary in both Dicey & Morris and Rayden & Jackson that it was only necessary for a petitioner to have been resident (as opposed to habitually resident) for the relevant period set out in Article 3 (1)(a) of the Regulation provided that they were habitually resident at the time of the petition. Finally it is apparent that a habitual residence may be acquired (or at least re-acquired) instantaneously upon arrival in a country.”
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Judgment document:
