This master's thesis presents the legislation in the field of international regulation of matrimonial property regimes and property consequences of registered partnerships. National laws of the EU Member States in the field of family law vary considerably. Spouses of different nationalities and (or) having habitual residence in different countries are confronted with many uncertainties about their legal status and consequences arising from the marriage. In recent years, the European Union has adopted a number of Regulations (Brussels II bis Regulation, Rome III Regulation, Regulation on Maintenance and the Rome IV Regulations) to simplify procedures and offer greater legal certainty for spouses.
In the introduction, the author presents some of the relevant terms of family law, as well as the problems that may arise with their interpretation. The use of these concepts is discussed.
Further on, the legal foundations of matrimonial property regimes and property consequences of registered partnerships are presented. The thesis also describes the determination of jurisdiction, of the applicable law, and the recognition and the enforcement, both in national and the EU legislation. Master’s thesis broadly examines the two regulations concerning property relations that came into force this year (2019).
In the final part, the long-awaited novelty of the Slovenian family law is presented. According to the new matrimonial property agreement, spouses are no longer bound to the obligatory property regime, but can now adjust their legal relationship to their interests and needs. This novelty has considerable importance also in cross-border relationships.