Post by account_disabled on Feb 15, 2024 3:18:09 GMT -6
Knowing which matrimonial property regime is applicable to a marriage can become complex when we talk about marriages with a foreign element. Therefore, when getting married, it will always be advisable to agree on the regime applicable to it by mutual agreement .
When getting married, it will always be advisable to agree on the regime applicable to it by mutual agreement. (Photo: E&J)
As established in Council Regulation (EU) 2016/1103 of June 24, 2016 in relation to applicable law, the recognition and execution of resolutions on matrimonial property regimes establishes, in its article 22, the possibility of designating or change the matrimonial property regime within the following limitations: that the law chosen is the law of the state in which the spouses, or future spouses, or one of them, has their habitual residence at the time of the agreement; or the law of the state of nationality of either spouse or future spouse at the time the agreement is entered into.
Thus, it should be noted that this choice of law will be possible as long as the marriage has taken place after January 29, 2019 (entry into force of the regulation), or its modification is carried out after the date of entry into force. vigor.
Likewise, in the absence of choice , the Algeria Email List applicable matrimonial property regime will be that determined by law.
It is important to know that for the choice of law to be valid it must be in writing, dated and signed by both spouses, and must be recorded in a durable record, adapting in turn to the additional requirements established by the laws of the member states.
In this sense, add that in addition to the applicable economic regime, premarital agreements can incorporate other types of agreements and stipulations, such as the recognition of donations to the marriage , business related to succession, recognition of children, as well as different agreements.
III. Law applicable to the matrimonial property regime
If no choice of law has been made, the applicable law will be, by virtue of article 26 of the aforementioned regulation, the following connection points of application - in cascade -:
Firstly, the law of the first common habitual residence of the spouses after the celebration of the marriage would be applicable.
In the absence of common habitual residence, the second point of connection will be the law of the common nationality of the spouses at the time of the celebration of the marriage.
When getting married, it will always be advisable to agree on the regime applicable to it by mutual agreement. (Photo: E&J)
As established in Council Regulation (EU) 2016/1103 of June 24, 2016 in relation to applicable law, the recognition and execution of resolutions on matrimonial property regimes establishes, in its article 22, the possibility of designating or change the matrimonial property regime within the following limitations: that the law chosen is the law of the state in which the spouses, or future spouses, or one of them, has their habitual residence at the time of the agreement; or the law of the state of nationality of either spouse or future spouse at the time the agreement is entered into.
Thus, it should be noted that this choice of law will be possible as long as the marriage has taken place after January 29, 2019 (entry into force of the regulation), or its modification is carried out after the date of entry into force. vigor.
Likewise, in the absence of choice , the Algeria Email List applicable matrimonial property regime will be that determined by law.
It is important to know that for the choice of law to be valid it must be in writing, dated and signed by both spouses, and must be recorded in a durable record, adapting in turn to the additional requirements established by the laws of the member states.
In this sense, add that in addition to the applicable economic regime, premarital agreements can incorporate other types of agreements and stipulations, such as the recognition of donations to the marriage , business related to succession, recognition of children, as well as different agreements.
III. Law applicable to the matrimonial property regime
If no choice of law has been made, the applicable law will be, by virtue of article 26 of the aforementioned regulation, the following connection points of application - in cascade -:
Firstly, the law of the first common habitual residence of the spouses after the celebration of the marriage would be applicable.
In the absence of common habitual residence, the second point of connection will be the law of the common nationality of the spouses at the time of the celebration of the marriage.