The term ‘rights in property arising out of a matrimonial relationship’ within the meaning of the second paragraph of article 1 of the Convention, includes not only property arrangements specifically and exclusively envisaged by certain national legal systems in the case of marriage but also any proprietary relationships resulting directly from the matrimonial relationship or the dissolution thereof. Judicial decisions authorizing provisional protective measures – such as the placing under seal or the freezing of the assets of the spouses – in the course of proceedings for divorce do not fall within the scope of the convention as defined in article 1 thereof if those measures concern or are closely connected with either questions of the status of the persons involved in the divorce proceedings or proprietary legal relations resulting directly from the matrimonial relationship or the dissolution thereof. In relation to the matters covered by the convention, no legal basis is to be found therein for drawing a distinction between provisional and definitive measures.
Citations:
C-143/78
Statutes:
Convention Of 27 September 1968 On Jurisdiction And The Enforcement Of Judgments
Cited by:
Cited – Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement) CA 30-Jul-2004
The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust.
Held: A clause in . .
See Also – Louise De Cavel v Jacques De Cavel. ECJ 6-Mar-1980
. .
Lists of cited by and citing cases may be incomplete.
European, Family
Updated: 10 April 2022; Ref: scu.132727
