Article 3
The matrimonial property regime is governed by the internal law designated by the spouses before marriage.
The spouses may designate only one of the following laws –
(1) the law of any State of which either spouse is a national at the time of designation;
(2) the law of the State in which either spouse has his habitual residence at the time of designation;
(3) the law of the first State where one of the spouses establishes a new habitual residence after marriage.
The law thus designated applies to the whole of their property.
Nonetheless, the spouses, whether or not they have designated a law under the previous paragraphs, may designate with respect to all or some of the immovables, the law of the place where these immovables are situated. They may also provide that any immovables which may subsequently be acquired shall be governed by the law of the place where such immovables are situated.
Article 4
If the spouses, before marriage, have not designated the applicable law, their matrimonial property regime is governed by the internal law of the State in which both spouses establish their first habitual residence after marriage.
Nonetheless, in the following cases, the matrimonial property regime is governed by the internal law of the State of the common nationality of the spouses –
(1) where the declaration provided for in Article 5 has been made by that State and its application to the spouses is not excluded by the provisions of the second paragraph of that Article;
(2) where that State is not a Party to the Convention and according to the rules of private international law of that State its internal law is applicable, and the spouses establish their first habitual residence after marriage –
a) in a State which has made the declaration provided for in Article 5, or
b) in a State which is not a Party to the Convention and whose rules of private international law also provide for the application of the law of their nationality;
(3) where the spouses do not establish their first habitual residence after marriage in the same State.
If the spouses do not have their habitual residence in the same State, nor have a common nationality, their matrimonial property regime is governed by the internal law of the State with which, taking all circumstances into account, it is most closely connected.
Article 5
Any State may, not later than the moment of ratification, acceptance, approval or accession, make a declaration requiring the application of its internal law according to sub-paragraph 1 of the second paragraph of Article 4.
This declaration shall not apply to spouses who both retain their habitual residence in the State in which they have both had their habitual residence at the time of marriage for a period of not less than five years, unless that State is a Contracting State which has made the declaration provided for in the first paragraph of this Article, or is a State which is not a Party to the Convention and whose rules of private international law require the application of the national law.
Article 6
During marriage the spouses may subject their matrimonial property regime to an internal law other than that previously applicable.
The spouses may designate only one of the following laws –
(1) the law of any State of which either spouse is a national at the time of designation;
(2) the law of the State in which either spouse has his habitual residence at the time of designation.
The law thus designated applies to the whole of their property.
Nonetheless, the spouses, whether or not they have designated a law under the previous paragraphs or under Article 3, may designate with respect to all or some of the immovables, the law of the place where these immovables are situated. They may also provide that any immovables which may subsequently be acquired shall be governed by the law of the place where such immovables are situated.
Article 7
The law applicable under the Convention continues to apply so long as the spouses have not designated a different applicable law and notwithstanding any change of their nationality or habitual residence.
Nonetheless, if the spouses have neither designated the applicable law nor concluded a marriage contract, the internal law of the State in which they both have their habitual residence shall become applicable, in place of the law previously applicable –
(1) when that habitual residence is established in that State, if the nationality of that State is their common nationality, or otherwise from the moment they become nationals of that State, or
(2) when, after the marriage, that habitual residence has endured for a period of not less than ten years, or
(3) when that habitual residence is established, in cases when the matrimonial property regime was subject to the law of the State of the common nationality solely by virtue of sub-paragraph 3 of the second paragraph of Article 4.
Article 8
A change of applicable law pursuant to the second paragraph of Article 7 shall have effect only for the future, and property belonging to the spouses before the change is not subject to the new applicable law.
Nonetheless, the spouses may at any time, employing the forms available under Article 13, subject the whole of their property to the new law, without prejudice, with respect to immovables, to the provisions of the fourth paragraph of Article 3 and the fourth paragraph of Article 6. The exercise of this option shall not adversely affect the rights of third parties.
Article 9
The effects of the matrimonial property regime on the legal relations between a spouse and a third party are governed by the law applicable to the matrimonial property regime in accordance with the Convention.
Nonetheless, the law of a Contracting State may provide that the law applicable to the matrimonial property regime may not be relied upon by a spouse against a third party where either that spouse or the third party has his habitual residence in its territory, unless
(1) any requirements of publicity or registration specified by that law have been complied with, or
(2) the legal relations between that spouse and the third party arose at a time when the third party either knew or should have known of the law applicable to the matrimonial property regime.
The law of a Contracting State where an immovable is situated may provide an analogous rule for the legal relations between a spouse and a third party as regards that immovable.
A Contracting State may specify by declaration the scope of the second and third paragraphs of this Article.
Article 10
Any requirements relating to the consent of the spouses to the law designated as applicable shall be determined by that law.
Article 11
The designation of the applicable law shall be by express stipulation, or arise by necessary implication from the provisions of a marriage contract.
Article 12
The marriage contract is valid as to form if it complies either with the internal law applicable to the matrimonial property regime, or with the internal law of the place where it was made. In any event, the marriage contract shall be in writing, dated and signed by both spouses.
Article 13
The designation of the applicable law by express stipulation shall comply with the form prescribed for marriage contracts, either by the internal law designated by the spouses, or by the internal law of the place where it is made. In any event, the designation shall be in writing, dated and signed by both spouses.
Article 14
The application of the law determined by the Convention may be refused only if it is manifestly incompatible with public policy (“ordre public”).