Art. 5 Rome III REG - Choice of applicable law by the parties
Art. 5 Choice of applicable law by the parties 1. The spouses may 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, in so far 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.
2. Without prejudice to paragraph 3, an agreement designating the applicable law may be concluded and modified at any time, but at the latest at the time the court is seized.
3. If the law of the forum so provides, the spouses may also designate the law applicable before the court during the course of the proceeding. In that event, such designation shall be recorded in court in accordance with the law of the forum.