The legal framework
Regulation (EU) 2016/1103, adopted under enhanced cooperation by eighteen states, applies to couples married from 29 January 2019 or who chose the applicable law after that date. Absent a choice, the law is that of the first common habitual residence after the marriage, then common nationality, then the closest connection. Spouses may choose the law of their residence or of the nationality of either of them, by formal agreement. A twin instrument, Regulation (EU) 2016/1104, does the same for registered partnerships. Ireland does not participate.
The Regulation ended a real uncertainty: a Franco-German couple living in Portugal previously had no clear answer, and it could vary with the court seised.
The connection to the first common residence is fixed: a later move does not change the regime unless the couple concludes an agreement. Many assume the opposite.
Key points
| Instrument | Regulation (EU) 2016/1103, applicable since 29 January 2019 |
|---|---|
| Default rule | First common habitual residence after the marriage |
| Choice available | Law of residence or of the nationality of either spouse |
| Form | Written, dated and signed agreement meeting the formal requirements |
| Partnerships | Twin Regulation (EU) 2016/1104 |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Which law governs our matrimonial property?
The one you chose; failing that, the law of your first common habitual residence after the marriage.
Does moving change it?
No, unless you enter into an agreement designating another law.
Can we choose freely?
Between the law of habitual residence and the national law of either spouse, by a properly formed written agreement.
What about a registered partnership?
Regulation (EU) 2016/1104 applies, with parallel rules.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database