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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 522. One Law for European marriages
06 May 2011 @ 10:23

In Europe, there are around 16 millions of international couples, the 13% of the total of married couples of Europe. These usually have assets located in different countries of the Union.

This is the reason the European Union have proposed two regulations for legal clarity for property rights of the international marriages and  international registered unions.

This will enable these marriages to choose the applicable law- either habitual residency or nationality of one of the spouses- for the regulation of common goods in case of divorce, separation or death of one of the spouses

The Decree establishes an unitarian regime for Law applicable to patrimony of the marriage, with the exception of real estate’s for which there is the possibility of submitting them to the Law of place of location.

According to the European Commission this can imply a saving of nearly 400 million yearly.

International, registered couples can be under the country where registered. In terms of protection of the family home, the country of living can establish its own protection rules and measures.

Judicial competence

Unification on jurisdictional criteria too: nullity/divorce and separation and their attached procedures for division of the marriage estate will be all heard by the same Court.

In case of death  same Court that decides on wills enforcements and European inheritance certificate will decide on distribution of marriage assets.

The European regulation also establishes rules for jurisdiction on commun residency or late common residency.

All the above will make a saving of 2000/3000 € per case as procedures are heard together by the same Court.

Validity and enforcement of Court Decisions are proposed to be processed through a sole procedure too.

Jerez de la Forntera house, Costa de la Luz by jose_gonzalvo at Flickr.com



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