Applicable law in a divorce between two Bulgarian nationals with children
The applicable law is Council Regulation (EU) No 1259/2010, of 20 December 2010, which establishes enhanced cooperation in the field of the law applicable to divorce and legal separation. According to Article 8 of this Regulation, in the absence of a choice by the parties regarding the applicable law, divorce and legal separation shall be governed by the law of the State:
a) in which the spouses have their habitual residence at the time of filing the petition, or failing that,
b) in which the spouses had their last habitual residence, provided that the period of residence did not end more than one year before filing the petition, and that one of them still resides there at the time of filing the petition, or failing that;
c) of the nationality of both spouses at the time of filing the petition, or failing that;
d) before the courts in which the petition is filed.
