Lawyer Matrimonial property regimes Paris

For matrimonial property regimes, it is the Hague Convention of March 14, 1978 which entered into force on September 1, 1992, which has universal vocation which will apply if the spouses have not designated the law applicable to their matrimonial property regime.

But a significant change applies in European law for married spouses from January 29, 2019.

Spouses who marry after this date are no longer governed by the Hague Convention of March 14, 1978, but by Regulation (EU) 2016/1103 of June 24, 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law, recognition and enforcement of matrimonial property decisions.

The principles of this Regulation in matters of matrimonial property regimes remain fairly similar to those of the 1978 Hague Convention.

However, there are two differences:

  • Unlike the Hague Convention which provided for the possibility for spouses to submit their matrimonial property regime to several laws, this possibility will be removed;
  • One of the main principles of the Hague Convention disappears: namely the principle of automatic mutability of the law applicable to their matrimonial property regime according to the change of country, when the spouses had neither chosen an applicable law nor made any marriage contract on the day of their union.
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