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Law applicable to divorce and legal separation - Austria


Article 7 (2) to (4) - Formal requirements applicable to agreements on the choice of applicable law

Article 5 (3) - Possibility of designating the applicable law during the course of the proceeding

Article 7 (2) to (4) - Formal requirements applicable to agreements on the choice of applicable law

Austrian Law provides no additional formal requirements for a choice-of-law agreement pursuant to Article 7(2) to (4) of Regulation (EU) No 1259/2010.

Article 5 (3) - Possibility of designating the applicable law during the course of the proceeding

According to Austrian Law (§ 11(3) IPRG), the spouses can choose the applicable law pursuant to Article 5(3) of Regulation (EU) No 1259/2010 also before the court during the course of the proceedings, provided that the choice of law is exercised explicitly and not only by implied behaviour.


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Last update: 07/08/2017