Special rule with respect to spouses and ex-spouses
Article 5 of the 2007 Hague Protocol provides for a modification if the general rule of Article 3 regarding cases of maintenance obligation between spouses, ex-spouses or parties to a marriage which has been annulled. In such cases, one of the parties may object the application with the law of the creditor’s habitual residence, if “the law of another State, in particular the State of their last common habitual residence, has a closer connection with the marriage”. The objection will lead to the application of the law of that other State to the case. (see for further details Bonomi, Explanatory Report on the 2007 Hague Protocol, paras 83 et seq).