David Hodson on International Family Law: UK rejects EU draft Marital Property Regimes Regulation

The UK has decided not to opt into the draft EU marital property regimes Regulation published in March 2011. On 30 June 2011 the Ministry of Justice made a statement in Parliament saying the Government had decided not to opt in to the European Commission's proposals on jurisdiction applicable law recognition and enforcement of decisions in matters of matrimonial property regimes and the property consequences of registered partnerships. It said the Commission's proposals aim to regulate jurisdiction and applicable law as they apply both to the daily management of the property of spouses and registered partners (civil partnerships registered in the UK) and to how disputes relating to the distribution of assets in cross-border situations are handled following divorce or dissolution of the partnership separation or death.

The broad balance of opinion from the Government's consultation was that it would not be in the UK's interests to participate in these proposals. A number of difficulties were identified. First the...

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