Couples in Europe is the portal of the Council of the Notariats of the European Union (CNUE) devoted to the property of couples. For each State covered it explains what happens to the assets of spouses or partners during the relationship and when it ends, through divorce, separation or death.
What it covers
- statutory and contractual matrimonial property regimes, marriage contracts included;
- registered partnerships and the position of unregistered couples;
- the effects of divorce and separation on property;
- the succession consequences of the death of one partner;
- the publicity formalities and enforceability against third parties.
The States and the languages
The portal covers the 27 Member States of the European Union and Ukraine, and is available in 21 languages. The content is updated regularly by the notariat of each State, as national and European legislation develops.
Why it matters
Two spouses of different nationalities, or a couple moving from one State to another, may discover late that their assets are governed by a law they did not expect. The portal sets out the applicable rules and the conditions under which a couple may choose the law governing their property, a choice usually made through an agreement executed before a notary.
In Romania the marriage contract is concluded in authenticated notarial form, and it is the public notary who explains the effects of the regime chosen and enters it in the National Notarial Register of Matrimonial Property Regimes.