Dating matrimonial croatia 2016
They cannot agree, and indeed cannot give to any state, future prospective jurisdiction even conditional upon the fact that they would then be habitually resident in that state.
All they can do is commit in the agreement that if they will subsequently habitually reside in another state they will choose that state’s applicable law as their own for their matrimonial property regime in another, later agreement.
The EU Matrimonial Property Regulation is 2016/1103 with a full title of Council Regulation of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
It should be read alongside Council Regulation 2016/1104 of 24 June 2016 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.
EU practitioner lawyers at the ERA asserted that the jurisdictional rules are complex.
The procedural requirements of the agreement are not specified in the Regulation and are in accordance with lex fori, local law.
A number of Eastern European countries were not willing to enter into the Regulation because of objections to registration of regimes of same-sex marriages.
This note follows the conference on 25 and 26 October 2018 of the Academy of European Law (ERA).
The Regulation comes into force on 29 January 2019. Even before the referendum, the UK had opted out on the basis that it does not have matrimonial regimes within its family law.
It was acknowledged at the conference that this is undoubtedly a shortcoming.
As far as jurisdiction for the bringing of any claims in respect of the matrimonial property regime are concerned, and in the absence of any agreement, this will be in the context of a divorce provided it is already pending or pending no later than with the commencement of the claim.