<P> As the Convention on the Recognition of Divorces and Legal Separations does not deal with matrimonial property in a divorce, the Hague Conference concluded a separate convention on 14 March 1978 . The Convention on the Law Applicable to Matrimonial Property Regimes, which entered into force on 1 September 1992, allows spouses in a marriage to decide which jurisdiction's laws will apply to their property . The Convention provides that they may select the laws of any State of which one of the spouses is a national of at the time of selection, the laws of any state in which one of the spouses has his or her "habitual residence" at the time of selection, or the law of the first state in which one of the spouses establishes a new habitual residence after the marriage . If no such selection is made, the laws of the first state in which the couple had their habitual residence after marriage govern the property . </P> <P> The convention has only been ratified by three states (France, Luxembourg, and the Netherlands) and signed by another two (Austria and Portugal). As such, international divorce cases that take place outside of the authority of the convention are not clear - cut . For instance, questions arise when assets are held in trust in a country that neither spouse has an actual connection to through residence or nationality and neither the state in which the trust is located nor the state in which suit is brought (the state of nationality or residence) is a member of the Convention . Some courts have found ways around the jurisdictional issue at hand (i.e. that they have no jurisdiction in another country) especially if the assets are marital and under the control of only one spouse . Such was the case in the New York case of Riechers v. Riechers . In this case the husband had used marital assets to fund a Cook Islands trust; even though the New York court had no jurisdiction over the trust money, they ordered the wife's share of that money paid from other assets . </P> <P> Not all efforts to deal with and harmonize the matrimonial aspects of private international law take place at the global level or amongst the members of the Hague Conference . The European Union has been moving towards a common divorce law . The European Commission promulgated the so - called Brussels II regulation in March 2001 in an effort to settle the conflict of laws relating to divorce between the members of the European Union . The regulation, amended in 2005, determines which courts will have jurisdiction over what matters . But even with this regulation, which binds all member states save Denmark, within the EU large differences in divorce laws exist . As one legal scholar has noted: "The substantive law pertaining to legal separation continues to differ widely between the Member States: from Maltese law where there is a prohibition of divorce to Finnish of Swedish law where no actual grounds of divorce are required ." In addition, legal culture in these countries is different on issues of divorce and marital property . Observers note that the generosity of settlements and alimony differ from state to state . With Brussels II holding that the first valid court to process a filing for divorce is the court that will have jurisdiction, it can matter a great deal where in the EU a ruling is made . This is true also in divorces that take place between a European Union citizen and a citizen of another country . High - profile divorce cases such as the one between American pop - star Madonna and her British husband Guy Ritchie, must deal with such issues, especially if one party stands to gain by filing in a certain jurisdiction . (In this case, Ritchie, who is comparatively less well off, would benefit from filing in Britain where settlements tend to be larger and alimony more generous). </P> <P> Several EU countries have further harmonized their choice of law provisions regarding divorce in the European Union Divorce Law Pact, which entered into force in 2012 . Also this regulation does not provide substantive law provisions . </P>

The hague convention on the law applicable to matrimonial property regimes