Yesterday afternoon, at the seat of the Balearic college of lawyers, our founding partner, Elena Agote Diez, offered a keynote speech before fellow colleagues on international elements in family conflicts.
Mixed couples, i.e. where partners are of different nationalities, is a common occurrence in the Balearics. On 29th January 2019, European Council Regulation 1103/2016 of 24th June 2016 came into force, implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes for marriages taking place from that date onwards. European Regulation 1104/2016, which has parallel effects on registered civil partnerships, also took effect for partnerships registered from that date onwards.
Elena Agote explained the four existing worldwide matrimonial regimes (community of acquisitions, separated property, participation and universal community of property) and demonstrated the importance of choosing the law to be applied in the case of mixed marriages, especially recommending that pre-nuptial agreements be drafted in these cases.
She then discussed the most common matrimonial property regimes in the Balearics depending on which marriage law is applied, and described those of such diverse countries as England, Scotland, Wales, Netherlands, China, Russia, Germany and Italy, among others.
Finally, to conclude, she stressed the importance of good legal reports, which must not only include current legislation but also the way it is currently interpreted and applied at courts in the country of origin.
Consult the professionals at Agote Diez Abogados should you have any doubts about which law applies to your marriage or which property regime you are subject to.