Multiple nationality and party autonomy concerning the applicable law to divorce

Abstract

The aim of this paper is to analyse the impact caused by the applicability of the procedure established in the Regulation (EU) 1259/2010 for multiple nationals – recital (22)— in terms of the party autonomy regarding the choice of the applicable law to divorce introduced by art. 5 of the above-mentioned Regulation. To this end, this analysis begins by specifying the questions raised by multiple nationality in the field of the party autonomy (I). Such precision allows for a subsequent analysis of the response given by recital (22), with the objective of evaluating its scope and consequences (II). This constitutes the essential foundation upon which the impact of this solution for the different situations of multiple nationality will be considered. The results of this analysis allow to confirm the limitations of the choice of the applicable law to divorce on the basis of the connecting factor of nationality and, consequently, the limitations of the party autonomy (III). The evaluation of the consequences derivated from this development as well as the consideration of the appropriate solution for overcoming them is the main objective of the final considerations (IV).