International couples (i.e., those in which various nationalities concur) already have a new regulatory framework applicable at European level in reference to the economic regime applicable to their union.
We have two Regulations approved in 2016 which, after a period of adaptation, become fully applicable to EU citizens and, specifically, to cases of international marriages, with all the new features that this implies. If you need help in an international marriage case, count on our specialized team of lawyers.
The rules are as follows:
– Council Regulation (EU) 2016/1103 of 24 June 2016 on enhanced cooperation in the area of jurisdiction, applicable law, recognition and enforcement of decisions in matrimonial property regimes. Link here.
– Council Regulation (EU) 2016/1104 of 24 June 2016 on enhanced cooperation in the field of jurisdiction, applicable law, recognition and enforcement of decisions in matters of property consequences of registered partnerships. Link here,
Both rules have been fully implemented since January 29, 2019.
What are the new developments on the international marriage property regime in the EU?
The Regulations establish clear rules for cases of divorce or death in international marriages, thereby putting an end to the development of parallel and possibly contradictory procedures in several Member States, for example in relation to estates or bank accounts. In short, they will provide international couples with greater legal clarity. Specifically the new regulations:
- Clarify which national court is competent to assist couples in the management of their assets or in the division of their assets between them in the event of divorce, separation or death.
- They clarify which national legislation prevails in the event that, theoretically, the rules of several countries are applicable.
- They facilitate the recognition and enforcement in one Member State of a judgment in property matters rendered in another Member State.
However, the lack of unanimity among all Member States has meant that the new rules are only applied in eighteen of them: Austria, Belgium, Bulgaria, Czech Republic, Croatia, Cyprus, Finland, France, Germany, Greece, Italy, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, Sweden and Spain. The eighteen Member States that have joined the enhanced cooperation bring together 70% of the EU population and the majority of international couples living in the European Union. These Member States adopted the Regulations in June 2016 in the framework of enhanced cooperation.
The other Member States may accede to both Regulations at any time.
Non-participating Member States will continue to apply their national law (including private international law provisions) to cross-border situations affecting matrimonial property regimes and the property consequences of registered partnerships.
What do they say from Europe?
The First Vice-President of the European Commission, Frans Timmermans, has
Timmermans, said about this new regulation that “the The entry into force of these regulations is good news for the growing number of international couples in Europe. Thus, “The aim is to provide thousands of European couples with certainty as to what happens to their assets in the event of divorce or death of one of their partners . I am convinced that these regulations will help many European couples to cope with such a difficult time”. For her part, Věra
Jourová, the EU’s justice commissioner, said. “these new rules will make it easier and cheaper to divide community property and alleviate the situation for people in difficult circumstances. More than sixteen million international couples will be able to benefit from clear procedures in the event of divorce or death of one of their partners.
They will be able to save some 350 million euros a year in legal costs. I encourage the remaining Member States to join the cooperation in the interest of all the EU’s international partners.” If you need help in an international marriage case, do not hesitate to contact us.
We will be happy to guide you.
