Rules will not apply to United Kingdom
International couples in registered partnerships should have the same right as married ones to choose which member state’s national law will govern their property rights if the relationship ends, the European Parliament has resolved. The Parliament has recommended that draft legislation be amended to this end.
These rules will not apply to the UK, Denmark or Ireland.
“The legal position of these couples can and must be improved” said lead MEP Alexandra Thein after the vote. She added:
“International couples in registered partnerships face the same problems as married ones and so should have the same right to choose which country’s law applies to their property. The Commission proposal would have treated them unequally and I am very pleased that we have removed this inequity.”
The draft legislation sets out rules for identifying which national law applies and which court has jurisdiction in property disputes pursuant to the ending of an international marriage or registered partnership. “International” in this context means couples of different nationalities, those living outside their home country, or those owning assets in different member states.
The draft rules proposed by Commission would automatically subject the property rights of registered partners to the law of the member state in which their partnership was registered. Married couples, by contrast, would be entitled to decide which member state’s law applies to their joint property, provided that they have a close connection to that member state (i.e. habitual residence or nationality).
The European Parliament’s resolution says that registered partners, like married couples, should be entitled to choose which member state’s law will govern their property rights if their partnership ends, provided that they have a close connection to that member state. If registered partners were to choose a member state whose law does not recognize registered partnerships, then this choice would not be valid, stipulates the resolution.
The proposed new rules are gender neutral, and do not affect national laws on marriage or registered partnerships.
The Parliament’s recommendation was passed by a large majority. Parliament is being consulted before the Council of Ministers takes the final decision.
SOURCE: Family Law Week