Significant change for proprietary relations in so called international marriage

On 29 January 2019 Council Regulation (EU) no. 2016/1103 of 24 January 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes came into effect. The regulation concerned allows to spouses to agree a legal order according to which their proprietary relations in the marriage will be followed. It is important to point out that this possibility applies only to spouses who were married at the time from 29 January onwards or to spouses who indeed entered into marriage before this date but at the time when this Regulation came into force they chose the governing law for proprietary relations in their marriage (time applicability of the Regulation) . It is necessary to keep in mind that the Regulation is not bounding for all member states of the EU but only for those that agreed with the Regulation concerned within the scope of so called strengthened cooperation (territorial force of the Regulation). The regulation will be used only in relation to those member states of the EU that decided to accept the Regulation concerned. The Czech Republic is a member state of the EU that agreed to the Regulation. The Regulation for the Czech Republic came into effect on 29 January 2019.

And what will that mean for you in practice? The following: in the proceedings about settlement of community property of spouses that started at the international jurisdiction of the Czech Republic any time from 29 January 2019 onwards, the Czech court will investigate whether the Regulation concerned will apply to the property regime of the extinct community property of spouses in the considered proceedings or not. The attention of the court will be focused in particular on the public document – typically a notarial deed in which you are the participant (as husband/wife or fiancé/fiancée) and whose content involves an agreement on regulation of the proprietary regime of spouses and/or an agreement on the choice of governing legal order for proprietary right of your (future) marriage.