EU matrimonial property regime regulation

By David Hodson OBE MICArb

New EU family law comes into force on 29 January 2019 in respect of 19 member states.  It provides for agreements to be reached for married couples, and registered partners in an ancillary Regulation, to be registered and enforceable on either divorce or death regarding their marital property. It is based very much on civil law principles and on any basis is acknowledged by EU lawyers, notaries and policymakers as complicated. 

Even before the referendum, the UK had opted out but it will still be important for UK practitioners to have some knowledge of this EU law. This note follows David Hodson's attendance at the ERA annual family law update conference at Trier, Germany. It does not purport to be an extensive analysis of the legislation.

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