Introduction to the EuGüVO (Regulation (EU) No. 2016/1103)
Die European Matrimonial Property Regulation for Spouses (EuGüVO), officially Regulation (EU) No. 2016/1103 of the Council of 24 June 2016, governs the matrimonial property effects of marriages with an international element within the European Union. This regulation establishes uniform legal provisions regarding jurisdiction, applicable law, recognition, and enforcement of decisions in matrimonial property matters between spouses with cross-border connections.
Scope of Application
Material Scope of Application
The EuGüVO applies to all property relations between spouses arising from a marriage or resulting from its dissolution. This includes, in particular:
- Provisions on the management, use, and disposal of marital property
- Division of assets in the event of divorce, separation, or death of a spouse
It does not apply to:
- Questions of matrimonial property law in relation to pension entitlements
- Questions of succession upon death (these are separately regulated by the European Succession Regulation)
- Maintenance obligations between spouses
Territorial Scope of Application
The EuGüVO applies in all EU Member States participating in enhanced cooperation. Since January 29, 2019, the following states, among others, participate: Belgium, Bulgaria, Germany, Greece, Spain, France, Croatia, Italy, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland, Sweden, and the Czech Republic.
Temporal Scope of Application
The provisions of the EuGüVO apply to all couples with an international element whose marriage was concluded on or after January 29, 2019. It also applies to proceedings initiated after this date.
Jurisdiction of the Courts
General Jurisdiction
The jurisdiction of the courts is generally determined by a series of connecting factors, which are also outlined by the Brussels IIa Regulation. Priority is given to the courts of the state in which the spouses have their habitual residence. Other criteria may be nationality or last common habitual residence.
Specific and Exclusive Jurisdictions
If the spouses agree on the jurisdiction of courts of different Member States, such choice is permissible subject to certain conditions. Such jurisdiction agreements require the spouses to have a real connection to the relevant Member State.
Applicable Law
Principle of Choice of Law
Spouses have the option to determine the applicable national law on their matrimonial property in the context of a choice of law. It is permissible to choose the law of
- a state of which at least one party is a national,
- or in which at least one party has their habitual residence at the time of the choice of law.
If a choice of law is absent, the applicable law is determined by objective criteria, with the primary factor being the spouses’ habitual residence at the time the marriage is concluded.
Limits of the Choice of Law
A choice of law must be concluded in writing and is subject to particular formal requirements. It must not violate the ordre public (public policy) of the relevant Member State.
Recognition and Enforcement of Decisions
Automatic Recognition
Decisions issued by courts of a participating Member State in the field of matrimonial property law are recognized without special procedure. An exequatur is no longer required.
Enforcement Procedure
The enforcement of decisions takes place in accordance with the law of the enforcing state, applying the procedures provided by the regulation and with respect for the rights of the defense.
Relationship to Other Provisions
Relationship to the Brussels IIa Regulation
The EuGüVO is closely connected to the Brussels IIa Regulation, particularly with regard to jurisdiction. Both regulations are to be read as complementary, however, the EuGüVO regulates exclusively matrimonial property law.
Relationship to National Law
In matters not covered by the EuGüVO (e.g., in the case of areas outside the scope of application or with connections to third countries outside the EU), national law remains applicable. The EuGüVO may have overriding effect to the extent that it applies.
Characteristic Features and Practical Relevance
Through its binding provisions, the EuGüVO offers enhanced protection for spouses against legal uncertainty and increases legal certainty in Europe. It takes the diversity of different matrimonial property systems within Europe into account and provides mechanisms to avoid potential conflicts between these systems.
Literature and Further Regulations
- Regulation (EU) No. 2016/1103 of the Council of 24 June 2016
- Brussels IIa Regulation, Regulation (EC) No. 2201/2003
- European Succession Regulation, Regulation (EU) No. 650/2012
Conclusion
The EuGüVO represents a significant step forward in regulating cross-border matrimonial property relations between spouses within the Union. With its detailed provisions, it creates a systematic and uniform legal framework for the affected areas of life, focusing on legal certainty, predictability, and the strengthening of the internal market of the European Union in the field of family property law.
Frequently Asked Questions
Which courts have jurisdiction for matrimonial property disputes in the European context under the EuGüVO?
Jurisdiction under the European Matrimonial Property Regulation (EuGüVO, Regulation (EU) 2016/1103) is generally determined by the so-called residence principle and supplementary jurisdictional rules. Primarily, jurisdiction is based on the spouses’ habitual residence at the time of the application. Alternatively, the courts of the Member State where, in the case of divorce, separation, or annulment proceedings, jurisdiction lies for such proceedings—if such proceedings have already been initiated—may also be competent. In addition, parties may choose the jurisdiction of the court by explicit agreement under Art. 7 EuGüVO, provided there is an admissible connecting factor—such as the nationality of a spouse or former common residence. The EuGüVO also sets out detailed rules to avoid parallel proceedings (lis pendens). In exceptional cases, if there is no EU jurisdiction, subsidiary national jurisdiction rules apply. Thus, the EuGüVO provides a binding system for allocating international jurisdiction and increases legal certainty in cross-border matrimonial property proceedings.
How are decisions in matrimonial property matters recognized and enforced under the EuGüVO?
The EuGüVO regulates recognition and enforcement of judgments in matrimonial property matters in Articles 36 to 57. As a rule, decisions that have become final in one Member State are recognized by law in the other Member States without any special procedure being required. Subsequent review of recognition as to its substance is excluded. For enforcement, it is sufficient to submit a copy of the decision and a specific certificate under Art. 45 issued by the original competent court. Recognition may be refused if certain grounds for refusal exist, for example in cases of violation of public policy (ordre public), procedural deficiencies, or if the decision conflicts with a previous decision in another Member State. The enforcement procedure is governed by the rules of the enforcing state; however, Art. 47(1) EuGüVO provides for facilitation of enforcement.
To what extent are the parties free to choose the applicable law in matrimonial property matters and what requirements must be observed?
The EuGüVO allows spouses to freely choose the law applicable to their matrimonial property regime (choice of law), provided there is a relevant connecting factor. Permissible connecting factors include the nationality or habitual residence of at least one spouse at the time of the choice of law. According to Art. 23, the choice of law must be in writing and must satisfy both the formal requirements of the chosen law and the formal requirements of the country of residence of at least one spouse. Furthermore, spouses may not choose a law that is not admissible under the EuGüVO (for example, the law of a third country outside the EU, unless such law is explicitly permitted). If there are violations of formal requirements or no effective connecting factor exists, the choice of law is invalid, and statutory rules for automatic connecting to the applicable law apply instead.
What connections exist between the EuGüVO and other European regulations such as the Brussels IIa Regulation or Rome III Regulation?
The EuGüVO operates in conjunction with other European regulations, in particular the Brussels IIa Regulation (Regulation (EC) No. 2201/2003) on matrimonial matters and the Rome III Regulation (Regulation (EU) No. 1259/2010) concerning the law applicable to divorce. While the Brussels IIa Regulation primarily regulates jurisdiction and recognition of divorce, separation, and annulment decrees, the EuGüVO focuses specifically on matrimonial property disputes between spouses, including questions concerning marital property and its division in the event of divorce, separation, or the death of a spouse. The EuGüVO frequently refers to the jurisdictions determined by the Brussels IIa Regulation. The Rome III Regulation, by contrast, only governs the law applicable to divorce and does not apply to matrimonial property, which is addressed independently by the EuGüVO. This close interaction increases the coherence of European regulations in family law.
Under which circumstances does the EuGüVO apply to spouses of different nationalities?
The application of the EuGüVO requires that the spouses have, in legally relevant respects, a connection to different EU Member States, as the regulation is designed for cross-border cases. Nationality plays a subordinate role; what matters is whether the habitual residence of the spouses, the property, or the applicable law has connections to at least two Member States. The EuGüVO applies to international marriages, for example, where an asset is located in another Member State, the spouses have different habitual residences, or their nationalities differ and thus different national laws may apply. The EuGüVO does not apply, however, to purely domestic situations with no cross-border elements, or to third countries outside the participating Member States.
What is covered by the material scope of the EuGüVO and what matters are excluded?
The material scope of the EuGüVO generally covers all property relations between spouses in connection with marriage, especially issues concerning ownership, use, management, and distribution of marital assets. However, according to Art. 1(2) EuGüVO, certain areas are specifically excluded, such as the legal and business capacity of spouses, aspects of maintenance obligations, inheritance law, and issues of trusts and company law if a spouse holds company shares. Tax matters and the nature of marriage itself (i.e., its validity or existence) are also excluded. Thus, the regulation only applies to property aspects arising from the conclusion, existence, or dissolution of the marriage. Many typical borderline issues are deliberately not addressed by the EuGüVO to avoid overlaps and conflicts of competence.
How does the EuGüVO regulate the protection of third parties, such as creditors, in matrimonial property agreements?
Article 28(1) of the EuGüVO provides specific protection mechanisms for third parties, particularly regarding the validity and enforceability of matrimonial property agreements against third parties such as creditors. A matrimonial property agreement concluded between spouses generally has no effect against such third parties unless they were expressly informed of the agreement or a corresponding entry in public registers (such as a land register) has been made and is required under the chosen national law. This prevents spouses from unilaterally worsening the legal position of third parties through undisclosed property arrangements. Third parties can generally rely on the legally recorded property regime, unless they are already ‘in bad faith’ aware of any deviation.
