COUNCIL REGULATION (EU) No 1259/2010<BR/>of 20 December 2010<BR/>implementing enhanced cooperation in the area of the law applicable to divorce and legal separation | Art. 1 Rome III REG, Art. 2 Rome III REG, Art. 3 Rome III REG, Art. 4 Rome III REG, Art. 5 Rome III REG

CHAPTER I. SCOPE, RELATION WITH REGULATION (EC) No 2201/2003, DEFINITIONS AND UNIVERSAL APPLICATION

Art. 1 Scope 1. This Regulation shall apply, in situations involving a conflict of laws, to divorce and legal separation.

2. This Regulation shall not apply to the following matters, even if they arise merely as a preliminary question within the context of divorce or legal separation proceedings:

(a): the legal capacity of natural persons;
(b): the existence, validity or recognition of a marriage;
(c): the annulment of a marriage;
(d): the name of the spouses;
(e): the property consequences of the marriage;
(f): parental responsibility;
(g): maintenance obligations;
(h): trusts or successions.

Art. 2 Relation with Regulation (EC) No 2201/2003 This Regulation shall not affect the application of Regulation (EC) No 2201/2003.

Art. 3 Definitions For the purposes of this Regulation:

1.: ‘participating Member State’ means a Member State which participates in enhanced cooperation on the law applicable to divorce and legal separation by virtue of Decision 2010/405/EU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) of the Treaty on the Functioning of the European Union;

2.: the term ‘court’ shall cover all the authorities in the participating Member States with jurisdiction in the matters falling within the scope of this Regulation.

Art. 4 Universal application The law designated by this Regulation shall apply whether or not it is the law of a participating Member State.

CHAPTER II. UNIFORM RULES ON THE LAW APPLICABLE TO DIVORCE AND LEGAL SEPARATION

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.