Love knows no borders, with international relationships firmly entrenched in today’s society. More than ever before, marriages are entered into across national frontiers. For those married in that situation, it is vital to ascertain what law applies to their matrimonial property regime. This is where private international law comes in.
Since 2019, a new regulation has entered into force that allows couples to choose the law applying to their matrimonial property regime. That choice is nevertheless restricted, and can also only be made by concluding a marriage contract.
Spouses are able to choose between the law of the state of residence of one or both spouses, and the law of the state of which one of the spouses holds nationality at the time of the wedding.
If both spouses do not make the choice when entering into the marriage, the regulation provides for a cascade system, starting with the law of the state where the spouses established their first common residence following the wedding. The second level is the law of the state of which both spouses hold nationality at the time of the wedding, if there is no common residence following the wedding. And lastly, there follows the law of the state with which the spouses have the closest connection at the time of the wedding, if there is no common residence and no common nationality following the wedding.
If you have any questions about matrimonial property law in an international context, please contact one of our experts using the form below.
