Parallel judgments in matrimonial matters: EU lis pendens (and dependent actions) rules

Abstract

This work analyses the EU lis pendens rule of art. 19 of Regulation (EC) 2201/2003 in relation exclusively to the parallel proceedings of legal separation, divorce and marriage annulment. Taking into account the future application of Regulation (EU) 2019/1111, repealing Regulation (EC) 2201/2003, the rigid nature of this rule is examined, valuing the flexibility possibilities of the prior tempore with special reference to the forum non conveniens in matrimonial matters. Likewise, the question of the identity of parties and cause of action in parallel matrimonial proceedings, paying special attention to the dependent actions and to the consequences for the goals of Regulation (EC) 2201/2003 derived from the equal weight given to legal separation, divorce and marriage annulment. Determined the seising of a EU matrimonial court for lis pendens, specially, mandatory attemps for matrimonial reconciliation, the procedural exigences of the rule for the first and second seised court are studied, dedicating a section to the possibility and problems of transfer of parallel actions, especially with respect to the choice of law rule related to the action transferred, ending with a reference to the relationship between EU lis pendens and Spanish notarial divorce.