Matrimonial and family property regimes in the cross-border European context

A common conflict of laws system on property relationships of spouses or partners covering jurisdiction, recognition and enforcement of decisions, as well as applicable law, has long been lacking at global level as well as in the European Union. Despite the long absence of a common system, the number of international couples, or couples with an international dimension – spouses of different nationalities, couples living in a State of which they are not nationals, couples owning assets in different States, or even couples divorcing or dying in a country other than that of their origin – has increased. After a lengthy, complex and politically challenging process, on 24 June 2016 the Council of the European Union adopted Regulation 2016/1103 on matrimonial property regimes and Regulation 2016/1104 on the property consequences of registered partnerships, hereinafter referred to collectively as ‘the Property Regimes regulations’. These Regulations apply from 29 January 2019.The Property Regimes Regulations do not require, for their own applicability, that the parties to the property relationship in question to be connected in any way with one or more of the participating Member States.