The two regulations determine the rules applicable to the property of married couples or registered partners where the couples have different EU nationalities or where couples own properties in another EU country.

They outline revised rules, agreed by 18 EU countries, on the jurisdiction, the laws that should be applied, and the recognition and enforcement of decisions about matrimonial property regimes* or property consequences* of a registered partnership* arising when marriages or registered partnerships break up, or when one partner dies.

The 18 EU countries participating in the enhanced cooperation are Belgium, Bulgaria, Cyprus, Czechia, Germany, Greece, Spain, France, Croatia, Italy, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and Sweden, as authorised by Council Decision (EU) 2016/954. Other countries are free to join at any time after the regulation is adopted. In this respect, Estonia announced its interest, and that it would consider taking part in the cooperation after its adoption.

Issues about the legal capacity of spouses, the recognition or validity of the marriage, maintenance obligations and inheritance are not covered. The regulations do not change national laws on marriage or registered partnerships, and stipulate that the applicable law applies to all assets regardless of where the assets are located, and will be applied whether or not it is the law of an EU country.

The regulations aim to allow citizens to have their cases handled by the courts of the same EU country. Spouses and partners can agree which country’s laws will apply to their matrimonial or registered partnership property, either in:

Where the couple do not make such a choice, jurisdiction will be decided in the case of matrimonial property based on (taken in order):

If the marriage is not recognised in national law for the purposes of matrimonial property the court can refuse jurisdiction, and similarly for registered partnership. The regulation does not prevent the parties from settling amicably out of court, for instance before a notary, in an EU country of their choice.

The registered partnership regulation sets out the issues pertaining to the property consequences of registered partnerships, particularly the liquidation of assets and the effects of the property consequences of the registered partnership on a legal relationship between a partner and third parties.

The regulations contain rules about the recognition, enforceability and enforcement of decisions similar to those of other EU rules concerning judicial cooperation in civil matters. Grounds for non-recognition of a decision include circumstances where such recognition is obviously contrary to public policy in the EU country in which recognition is sought.

Except for some preparatory administrative matters, the regulations apply from 29 January 2019.

Matrimonial property regime: rules concerning the property relationships between spouses and in their relations with third parties, as a result of marriage or its break-up.

Registered partnership: the regime governing the shared life of two people which is provided for in law, the registration of which is mandatory under that law and which fulfils the legal formalities required by that law for its creation.

Property consequences of a registered partnership: rules concerning the property relationships of the partners, between themselves and in their relations with third parties, as a result of the legal relationship created by the registration of the partnership or its break-up.

Council Regulation (EU) 2016/1103 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 (OJ L 183, 8.7.2016, pp. 1-29)

Successive amendments to Regulation (EU) 2016/1103 have been incorporated in the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 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 the property consequences of registered partnerships (OJ L 183, 8.7.2016, pp. 30-56)

Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships (OJ L 159, 16.6.2016, pp. 16-18)