Article 4
Jurisdiction in cases of
divorce, legal separation or marriage annulment
The courts of a Member State
called upon to rule on an application for divorce, judicial separation
or marriage annulment under
Regulation (EC) No 2201/2003, shall also have jurisdiction, where
the spouses so agree, to rule
on matters of the matrimonial property regime arising in connection
with the application.
Such an agreement may be
concluded at any time, even during the proceedings. If it is concluded
before the proceedings, it
must be drawn up in writing and dated and signed by both parties.
Failing agreement between the
spouses, jurisdiction is governed by Articles 5 et seq.