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EU practitioner lawyers at the ERA asserted that the jurisdictional rules are complex.

The procedural requirements of the agreement are not specified in the Regulation and are in accordance with lex fori, local law.

This has a lot of fairness about it although is an overlaying complication.

If there is no jurisdiction for divorce and no choice of court agreement, there is a hierarchy of other jurisdiction, a so-called cascading preference, found in Art 6.

If you would like to contribute please email [email protected] Family Law Group was invited to speak at the annual family Law conference of the Academy of European Law, which considered the EU Matrimonial Property Regime Regulation, which comes into force on 29 January 2019.

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Specialist international family lawyers preparing marital agreements for international families would often embrace this within the terms of the agreements. Under Art 22, the spouses may agree the law applicable to their matrimonial property regime provided it is either the law of the state where they or one of them is habitually resident at the time the agreement is concluded or the state of nationality of either spouse or future spouse at the time of the agreement.But it was recognised at the conference that there is here a very substantial problem for practitioners.When any couple enter into a marital agreement, perhaps before marriage, they often contemplate that they may live in a country in the future e.g.However this is compounded in Art 5.2 by further jurisdictional requirements of the agreement of the respondent if relying on jurisdiction on the basis of the fifth or sixth indents of Art 3 or Arts 5 or 7 of Brussels II.Certainly the fifth and sixth indents are often perceived as the forum choice of the forum shopper and the Regulation expects the Respondent to be in agreement before this can be used as jurisdiction in the context of matrimonial property regimes.

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