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In a divorce with an international element, two questions must be kept apart: which court has jurisdiction and which law applies? Within the EU, jurisdiction follows the Brussels IIb Regulation – it mainly looks at the spouses' habitual residence and their nationality. Often several courts may have jurisdiction; then it can matter who files first and where.

The applicable law is determined by Rome III: without a choice of law, the law of the common habitual residence usually applies, and as a fallback the law of the common nationality. A valid choice-of-law agreement can – within the limits of the Regulation – designate a different law. In international cases a great deal depends on the details (e.g. relevant dates, deadlines, "forum shopping"). We are happy to give you a sound assessment for your specific case in a personal initial consultation, in English.