(1) Insofar as the general effects of the marriage do not fall within the scope of application of Regulation (EU) 2016/1103, they are governed by the law chosen by the spouses, provided that that law is one of the following:
1. the law of the State in which both spouses have, at the time when the choice of the applicable law is made, their habitual residence,
2. the law of the State in which both spouses have had their habitual residence lastly during the marriage, if one of them still has his or her habitual residence there at the time when the choice of the applicable law is made, or,
3. without regard to the provisions of Article 5 paragraph 1, the law of the State of which one of the spouses is a national at the time when the choice of the applicable law is made.
The choice of law must be notarially certified. If it is not performed within the country, it is sufficient if the formal requirements of a marriage contract under the law chosen or of the place where the choice of law is made are observed.
(2) If the spouses have not agreed to designate the applicable law,
1. the law of the State in which both spouses have their habitual residence; otherwise
2. the law of the State in which both spouses have had their habitual residence lastly during the marriage, if one of them still has his or her habitual residence there, otherwise,
3. the law of the State of which both spouses are nationals, otherwise,
4. the law of the state with which both spouses are jointly most closely connected,
is applicable.