Cross-border divorce: applicable law

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Choice of law provisions on the law applicable to divorce and legal separation

Applicable law to the conversion of legal separation to divorce

 

Article 9 provides that the law applicable to divorce shall be the law applied to the legal separation, unless the parties have agreed otherwise in accordance with Article 5. However, if the law applied to the legal separation does not provide for the conversion of legal separation into divorce, Article 8 shall apply, unless the parties have agreed otherwise in accordance with Article 5.