Most commonly, matrimonial property regime issues with a foreign element arise because of divorce or succession, and therefore the Regulation binds the judges who are dealing with these main issues with jurisdiction for the property regime
Therefore, Article 4 of the Regulation states that in the event of succession, the judge hearing the succession will have jurisdiction to rule on the matrimonial property regime in connection with the succession. For example, if the succession is opened in Spain of a Belgian citizen who was married because he or she had his/her habitual residence here, the same judge of the succession who is the Spanish judge will have jurisdiction over the matrimonial property regime and its liquidation in order to define the deceased’s assets.
In the event of divorce, the divorce judge will have jurisdiction over the matrimonial property regime and its liquidation, as provided for in Article 5 of Regulation 2016/1103. Therefore, there is a reference to Regulation 2201/2003 (or 2019/1111). If, for example, the Spanish judge has jurisdiction for the divorce because the parties are Spanish nationals (Art. 3 Regulation 2001/2003), even if they reside abroad, he or she will also have jurisdiction to hear the dissolution of the regime.
