Council Regulation (EU) n.1259/2010: some considerations about applicable law to divorce and legal separation and party choice of law

Fernanda Muraro Bonatto

Keywords

European International Private Law; European regulation Rome III; Divorce and legal separation; Private autonomy in family law

Abstract

This paper examines, albeit briefly, Council Regulation (EU) n.1259/2010 that authorizes an enhanced cooperation among 14 of 27 member states on the subject of law applicable to divorce and legal separation of international couples. In order to provide an overview of the regulation the following topics are addressed: the historical path of the Regulation’s development, its context as an instrument of European private international law as well as the analysis of its structure and scope. Will be also examined the exercise of party autonomy in choice of law through a simple agreement, since such a possibility means unprecedented openness to private autonomy in the context of private international family law.