New Regulation “Rome III” for Uniform European Applicable Law to Divorce and Legal Separation

The new Rome III regulation has been published in the Official Journal of the European Union n. L 343 of 29 December 2010. The official reference is the following:  Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Pursuant to its Art. 21(2), the regulation should apply from 21 June 2012 in the 14 Member States which currently participate in the enhanced cooperation. This Regulation will be binding in Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia. The regulation allows choice of applicable law by the parties. The choice is limited to: 1) the  law of the State where the spouses are habitually resident, 2) where the spouses were last habitually resident, in so far as one of them still resides there, 3) the law of State of nationality of either spouse or 4) law of the forum. In the absence of a choice divorce and legal separation shall be subject to the law of the State: (1) where the spouses are habitually resident at the time the court is seized; or, failing that (2) where the spouses were last habitually resident, provided that the period of residence did not end more than 1 year before the court was seized, in so far as one of the spouses still resides in that State at the time the court is seized; or, failing that (3) of which both spouses are nationals at the time the court is seized; or, failing that (4) where the court is seized.

The entry into force of Rom III regulation shall abolish the Bulgarian conflict-of- laws rule in the Code for Private International Law  – Art. 82.