The Regulations apply to marriages or partnerships made after 29 January 2019, or regimes amended after that date.
Council Regulation (EU) 2016/1103 (Rome IVa) deals with matrimonial property and Council Regulation (EU) 2016/1104 (Rome IVb) deals with the property effects of registered partnerships which is relevant to the extent matrimonial property regimes and matrimonial contracts affect transfers not only on divorce but also on death. These regulations seek to harmonise private international law by dealing with questions of jurisdiction, recognition and enforcement, and applicable law.
Although ten Member States (including Ireland) have not opted in, the Regulations will give one or more of the 18 states that have opted in jurisdiction over property in that part of the EU. However, setting out some clear PIL rules as to the law that should apply to a property regime in a cross-border marriage or registered partnership will be of some help to European citizens.
The interaction with the Succession Regulation is somewhat unclear, particularly if a Member State is bound by the Succession Regulation but not by Rome IV.
The Regulations apply to marriages or partnerships made after 29 January 2019, or regimes amended after that date.
