This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.

The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany that entered into force in 2013. As this regime approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonization of European family law. This regime is of interest beyond the borders of France and Germany because other Member States of the EU can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals, but also to French or German couples living abroad, or foreign couples living in France or Germany. To make the Franco-German treaty more accessible to lawyers, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian, and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included.

Recent decades have witnessed a remarkable increase in the mobility of persons across national borders, as well as an increase in the number of couples formed by nationals of different countries, who may live in a country of which neither is national and acquire property in more than one country. Such couples may face uncertainty regarding the legal rules governing the spouses' rights in the matrimonial property. The matrimonial property regime may also change following a change of domicile. The problems encountered are due to the fact that states apply different substantive legal rules, as well as different conflict rules, to such property relations. This study, dedicated to Grand Justice Professor Herbert Han-Pao Ma, a great teacher and dear friend, first examines the various matrimonial property regimes provided by law in some European civil law countries, as well as the legal rules governing matrimonial property in England and in Israel (part 2); it then considers, with respect to both the conflict rules designating the law governing matrimonial property and the substantive rules that would be applied in each jurisdiction, respectively, in a Swiss-Israeli case (part 3), a Dutch-Israeli case (part 4), and an English-Israeli case (part 5), followed by conclusions (part 6).

This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.