The European Court of Justice Clarifies the Meaning of “Habitual Residence” for International Couples.
In an increasingly global world, love often crosses borders. Unfortunately, divorce does too.
But when an international couple separates, a crucial question immediately arises: where should the divorce be filed?
The answer is not always simple — especially when one of the spouses works abroad as a diplomat.
A recent ruling by the European Court of Justice sheds new light on this issue, clarifying how European law interprets the concept of “habitual residence” in international divorce cases.
The decision, issued in Case C-61/24, concerns a couple living abroad because one spouse had diplomatic status. The Court was asked to determine whether the country where the couple was stationed could legally be considered their habitual residence for divorce proceedings.
And the answer, according to the judges, depends less on official titles and more on real life.
Beyond Passports and Diplomatic Status
The Court explained that European Regulation No. 1259/2010 does not provide a strict definition of “habitual residence.” Instead, the concept must be interpreted broadly and consistently across Europe.
In practical terms, habitual residence is not simply the place where someone temporarily lives for work. It is the place where a couple has genuinely built the centre of its daily life and personal interests.
According to the ruling, two key elements matter most:
* the intention to establish the centre of one’s life in a particular country;
* and a stable, ongoing presence there.
This means that diplomatic status alone does not automatically prevent a foreign country from becoming a couple’s habitual residence.
A diplomat may officially represent one State while, at the same time, living abroad in a way that creates real social, personal, and family roots in another.
Living Abroad Does Not Always Change Everything
At the same time, the Court also warned against overly simplistic assumptions.
Even a long stay abroad does not necessarily mean that a couple has transferred its true centre of life to the host country. The judges noted that some couples continue to maintain stronger ties with their home country, regularly returning there and preserving family, social, or professional connections.
For this reason, every case must be examined individually.
Courts should consider factors such as:
* how long the couple lived abroad,
* how integrated they were socially and personally,
* whether they intended to settle there,
* and how stable their life in that country actually was.
One Person, One Habitual Residence
One of the most significant aspects of the ruling is the Court’s confirmation that a person can have only one habitual residence at a time under European law — even when dividing life between two countries.
For international families, expatriates, and diplomatic couples, the judgment offers an important reminder: in cross-border divorce cases, what matters is not only where you work, but where your life is truly rooted.
And in today’s international world, that distinction can make all the difference.