Article 5

Jurisdiction in other cases


1. In cases other than those provided for in Articles 3 and 4 jurisdiction to rule on

proceedings in a matter of the spouses' matrimonial property regime shall lie with the

courts of the Member State:

(a) of the spouses' common habitual residence, or failing that,

(b) of the last common habitual residence if one of them still resides there, or, failing


(c) of the defendant's habitual residence, or failing that,

(d) of the nationality of both spouses or, in the case of the United Kingdom and Ireland,

of their common 'domicile'.

2. Both parties may also agree that the courts of the Member State whose law they have

chosen as the law applicable to their matrimonial property regime in accordance with Articles 16 and 18 shall also have jurisdiction to rule on matters of their matrimonial

property regime.

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.