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This regulation was adopted after the decision to use the enhanced cooperation procedure. This means that the new text is valid only for the States that have expressly adhered (14 of 27), which in detail are: Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia. Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia.

The Regulation, Article 2 also specifies that legal acts present in it are not valid for: invalidation of the marriage union; constraints maintenance; charges to offspring, effects relating to heritage; consortia or succession; legal capacity of physical persons. On the applicability of the recent regulation, as previously noted, Article 18 shows that it is valid for the ongoing procedures and agreements on marital law adoptable defined as from 21 June 2012.

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Moreover, even marital agreements established before that date produced some of the consequences, if they are detected in the rules set out in Articles 6 and 7 of the Regulation with respect to the consensual nature and the formal and actual agreement.

It should be pointed out that in the end, however, are not considered agreements on the choice of the applicable law concluded under the legal system of a Member State participating in the court has been asked before that date of June 21, 2012.

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