EU Regulations on marital property law and registered partnerships

21 January 2019

Here we are! In few days the EU Regulations on marital property law and registered partnerships will come into force.

On 24 June 2016 the EU Council adopted two new Regulations focused on the matter of property law for cross-bordered couples who enter into a marriage or registered partnership. The EU Regulation 2016/1103, implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and the UE Regulation 2016/1104, implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of property consequences of registered partnerships, apply to marriages and registered partnerships entered into or proceedings commenced after 29 January 2019. They will come into force  only in the Member States which have acceded to the Regulations: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Finland, France, Germany, Greece, Italy, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain and Sweden. Others may join subsequently.

The two regulations deal with complicated issues, such as the concepts of applicable law, jurisdiction, requirements and limitations in respect of the agreements on matrimonial property regimes, and the process adopted. Legal profesionals, as well as the citizens, need to be widely informed and supported.

The PSEFS Project - Personalized Solution in European Family and Succession Law, fulfil this need. Its aim is to offer coordinated interpretation tools and hands-on models documents, as well as operational online platform to connect competent institutions.

PSEFS is an European project, awarded under the call for JUSTICE, led by a partnership of  European  universities and institutions:  Almeria (Spain),  Camerino (Italy), Ljubljana (Slovenia), Rijeka (Croatia), Fondazione Scuola di Alta Formazione Giuridica (Italy). Professor Lucia Ruggeri (Università di Camerino) is the coordinator of the project. The PSEFS Project was presented to experts and to the press in a meeting and open conference in Brussels, on 14 December 2018.