1 Which law applies?
1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
The matrimonial property regime shall be governed by the law of the state where both spouses have their domicile (“domicile” is the place where a person ordinarily resides with the intention to stay and which he/she regards as the centre of his/her personal, social and economic interests). If the spouses are domiciled in different states, the law of the state of which both of them are citizens shall apply. If the spouses have never had a common domicile and are citizens of different states, the law of the state where the marriage was entered into shall apply (Art. 1.28(1) of the Civil Code (hereinafter the CC)).
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
The spouses may choose the applicable law. The spouses may choose the law of the state in which they are both domiciled or will be domiciled in future, or the law of the state in which the marriage was entered into, or the law of the state of which one of the spouses is a citizen (Art. 1.28(2) of the CC)).
