Interaction between Article 5 and Article 8 of
Regulation Rome III
This figure clarifies the Interaction between Article 5 and Article 8 of Regulation Rome III.
Is there an agreement on the law applicable to divorce or legal separation?
If the answer is “No”, Article 8 applies.
If the answer is “Yes”, the following second question will come up: Is one of the laws according to Article 5 designated?
If the answer is “No”, Article 8 applies.
If the answer is “Yes”, the following third question will come up: Are the rules about substantive and formal validity respected (Article 6 and 7)?
If the answer is “No”, Article 8 applies.
If the answer is “Yes”, Article 5 applies and the law designated by the parties is the law governing the case.