Simpler property rules for international couples

On the first day of the JHA Council meeting in Luxembourg, eighteen EU member states agreed to clarify the legal rules that apply to the property of married couples or registered partners in cross-border situations, for instance if the partners have different nationalities or live abroad. 

The proposed regulations will determine which country’s law is applicable and which court has jurisdiction in matters relating to a couple’s property in the event of divorce or the death of one of the partners. 

This will enhance legal certainty and will put an end to possibly conflicting proceedings in different member states. The rules will also make it easier to recognise and implement decisions on these matters in another member state.

Justice minister Ard van der Steur is delighted that the Council was able to reach a decision on this issue so quickly during the Netherlands Presidency. The decision has resolved the deadlock that existed on this question by authorising enhanced cooperation among 18 member states. The Commission, the European Parliament and the Council have all worked hard on this question over the past six months, and it is hoped that more member states will join in this enhanced cooperation once the proposals have been adopted.

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