Applicable law
In Chapter III, the Proposal does as well contain rules on the law applicable to matrimonial property.
The spouses or future spouses may choose the law applicable to their matrimonial property regime, as long as it is one of the following laws:
- the law of the State of the common habitual residence of the spouses or future spouses, or
- the law of the State of habitual residence of one of the spouses at the time this choice is made, or
- the law of the State of which one of the spouses or future spouses is a national at the time this choice is made.
If the spouses do not make a choice, the law applicable to the matrimonial property regime shall be:
- the law of the State of the spouses' first common habitual residence after their marriage or, failing that,
- the law of the State of the spouses' common nationality at the time of their marriage or, failing that,
- the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances, in particular the place where the marriage was celebrated.
The spouses, can at any time during the marriage, change the law applicable to their matrimonial property regime and make it subject either to the law of the State of habitual residence of one of the spouses at the time this choice is made or to the law of a State of which one of the spouses is a national at the time this choice is made.
There are special rules on marriage contracts. The form of the marriage contract shall be that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up. The marriage contract must at least be set out in a document dated and signed by both spouses. If the law of the member state in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must also be complied with.