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International rules for married and registered partners

29.1.2019 – The EU Regulations clarifying the rules applicable to property regimes for international married couples or registered partnerships apply as of today. The regulations establish clear rules in cases of divorce or death and bring an end to parallel and possibly conflicting proceedings in the various Member States, for instance on property or bank accounts. In short, it will bring more legal clarity for international couples. As it was not possible to reach unanimity among all Member States, the rules will apply in 18 Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Finland, France, Germany, Greece, Italy, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden. The new regulations will:

  • clarify which national court is competent to help couples manage their property or distribute it between them in case of divorce, separation or death;
  • clarify which national law prevails in case the rules of several countries could potentially apply;
  •   facilitate the recognition and enforcement of a judgment given in one Member State on property matters in another Member State.

The 18 Member States that joined the enhanced cooperation makeup 70% of the EU population and represent the majority of international couples who live in the European Union. Those Member States adopted the Regulations in June 2016 under enhanced cooperation. The remaining Member States can join both Regulations any time. The non-participating Member States will continue applying their national law (including their rules on private international law) to cross-border situations relating to matrimonial property regimes and the property consequences of registered partnerships. More: here

Source: EC Press

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