When you have the same nationality, have always lived together in the country of your nationality and have assets only in that country, there is not much international about your marriage. But that soon changes, if something happens to you or your partner abroad, or if you want to buy a holiday home abroad. Then questions about the law applicable to your marriage and your assets may become relevant.
Taking effect
Questions about the applicable law are not very easy to answer when there are multiple nationalities, or no joint domicile at the time of or immediately after the marriage. This is further complicated by the fact that many countries have their own private international law and thus determine which law applies according to their own rules. The European Matrimonial Property Law Regulation should change this with effect from 29 January 2019.
Choice of law
First, the regulation looks at whether there is a choice of law. This must be issued in the same way as is required for prenuptial agreements in the country where the choice is made. In the Netherlands, this is a notarial deed. A choice can be made for the law of the nationality or residence of one or both spouses at the time of the choice. The choice applies to the entire property and, unless expressly provided otherwise, only looks to the future.
If no choice of law is made, then the law
- of the joint first place of residence and domicile after the marriage, and failing that:
- of the joint nationality at the time of the marriage, and failing that:
- of the country with which the spouses together have the closest connection at the time of the marriage, taking into account all the circumstances.
However, upon request, the court may determine that the law mentioned under a. does not apply if there is another country where the spouses have lived together for much longer.
For more information on the European Matrimonial Property Regulation, please contact us. We will be happy to help you.
