The original Brussels II Regulation provided an exclusive list of jurisdictional bases that must be used when a matter falls within their scope.

Article 1(1)(a) provides that the Regulation shall apply to "civil proceedings relating to divorce, legal separation or marriage annulment."

Like civil and commercial matters, compromises (settlements) have been made to establish a common jurisdictional framework aimed at achieving certainty within the 14 European Member states as a whole, excluding Denmark.

Article 2 of the Regulation sets our seven jurisdiction bases, all of equal status, with regard to divorce, legal separation, and nullity actions.

Regarding cases involving parental responsibility, Article 3 states that the courts having jurisdiction in the matrimonial proceedings covered by Article 2 are able to take jurisdiction in a matter relating to parental responsibility over a child of both spouses where the child is habitually resident in that Member State.

In order to ensure that no jurisdictional conflicts arise, the Regulation employs a lis pendens provision based on the strict application of the prior temporis formula.

Regarding enforcement, Article 21 refers exclusively to judgments on the exercise of parental responsibility, as recognition of an order ending a matrimonial relationship is sufficient.