EC Regulation n°1259/2010 “Rome III”

On December the 20th, 2010 the European Union Council adopted the Rome III Regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.
This Regulation will only apply to 14 states for divorce petitions brought after June the 21st, 2012: Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia. Other EU Member States may join at any time.
Pursuant to Article 5 of the regulation, spouses can agree to designate the law applicable to divorce and legal separation provided that it is one of the following laws:
  • (a) the law of the State where the spouses are habitually resident at the time the agreement is concluded, or
  • (b) the law of the State where the spouses were last habitually resident, insofar as one of them still resides there at the time the agreement is concluded, or
  • (c) the law of the State of nationality of either spouse at the time the agreement is concluded, or
  • (d) the law of the forum.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s