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18 EU countries to clarify rules on property regimes for int'l couples

Xinhua, June 9, 2016 Adjust font size:

Eighteen member states of the European Union (EU) have reached a general approach on two regulations aimed at determining the rules applicable to property regimes for married couples or registered partners in cross-border situations, the Council of the EU said Thursday.

In 2011, the European Commission estimated that there are about 16 million couples in the EU who live in a cross border situation, specifically couples of different EU nationalities or who own properties in another EU member state, said a statement.

The regulations aim to determine which court will have jurisdiction and which law will be applicable in matters of matrimonial property regimes and the property consequences of registered partnerships, the statement said.

They will also facilitate the recognition and enforcement of decisions in cross-border situations on these matters.

Meanwhile, they will establish clear rules on applicable law in case of divorce or death, bringing greater legal certainty and putting an end to parallel and possibly conflicting proceedings in various member states.

Dutch Minister of Security and Justice Ard van der Steur, on behalf of the Dutch rotating presidency of the EU, said : "We are very pleased that the Council has made a lot of progress, very swiftly, to overcome the deadlock in this file, by means of enhanced cooperation."

The regulations leave untouched the underlying institutions of marriages and partnerships, which remain matters that are defined by the national laws of the member states.

The regulations will be formally adopted by the 18 participating member states after the European Parliament's discussion. The formal adoption is expected at the end of June 2016.

The enhanced cooperation was proposed after the Council concluded, at its meeting in December 2015. Endit