Article 8 Applicable law in the absence of a choice by the parties

In the absence of a choice pursuant to Article 5, divorce and legal separation shall be subject to the law of the State:

1. (a)

   where the spouses are habitually resident at the time the court is seized; or, failing that

2. (b)

   where the spouses were last habitually resident, provided that the period of residence did not end more than 1 year before the court was seized, in so far as one of the spouses still resides in that State at the time the court is seized; or, failing that

3. (c)

   of which both spouses are nationals at the time the court is seized; or, failing that

4. (d)

   where the court is seized.