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Council Regulation (EU) No 1259/2010Show full title
Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation
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CHAPTER I SCOPE, RELATION WITH REGULATION (EC) No 2201/2003, DEFINITIONS AND UNIVERSAL APPLICATION
Article 1Scope
1.This Regulation shall apply, in situations involving a conflict of laws, to divorce and legal separation.
2.This Regulation shall not apply to the following matters, even if they arise merely as a preliminary question within the context of divorce or legal separation proceedings:
(a)the legal capacity of natural persons;
(b)the existence, validity or recognition of a marriage;
(c)the annulment of a marriage;
(d)the name of the spouses;
(e)the property consequences of the marriage;
(f)parental responsibility;
(g)maintenance obligations;
(h)trusts or successions.
Article 2Relation with Regulation (EC) No 2201/2003
This Regulation shall not affect the application of Regulation (EC) No 2201/2003.
Article 3Definitions
For the purposes of this Regulation:
1.
‘participating Member State’ means a Member State which participates in enhanced cooperation on the law applicable to divorce and legal separation by virtue of Decision 2010/405/EU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) of the Treaty on the Functioning of the European Union;
2.
the term ‘court’ shall cover all the authorities in the participating Member States with jurisdiction in the matters falling within the scope of this Regulation.
Article 4Universal application
The law designated by this Regulation shall apply whether or not it is the law of a participating Member State.
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