Cross-border divorce: applicable law

This illustration deals with the connecting factors in Articles 5 and 8.

The connecting factors in Article 5 are the following:

1. Habitual residence of the spouses at the time the agreement is concluded
2. Last habitual residence of the spouses, in so far as one of them still resided there at the time the agreement is concluded
3. Nationality of either spouse at the time the agreement was concluded
4. Law of the forum

The connecting factors in Article 5 are the following:

1. Habitual residence of the spouses at the time the court is seized
2. Last habitual residence of the spouses, provided that the period of residence did not end more than 1 year before the court was seized, in so far as one of them still resided there at the time the court is seized
3. Nationality of both spouses at the time the court is seized
4. Law of the state, in which the court is seized

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