Party Autonomy position in Applicable Law on Divorce in National Laws and International Instruments

Divorce as an example of status law usually follows in conflicting rules system from certain connecting factors such as nationality or domicile. Fundamental question is that whether spouses as relationships parties could choice governing law? Originally observance of states interests and third parties interests does not leave possibility for spouse’s private agreement. In Iranian law with regard to following of conflicting rules from substantial rules, conflict rule on divorce has been considered mandatory and compulsory. Notwithstanding, private international law revolutions has expanded party autonomy spaces in this area and has allow spouses in many countries to choose appropriate law between related laws to divorce. Review of European countries law especially in the light of EU 2010 Regulation and also usual precedent in US courts shows weakness of traditional connecting factor and evolution of party autonomy position in determining of applicable law on divorce.