I remarried and want to change the applicable law for our property regime. Is this possible?

What the Law Says

The ability to choose or change the law governing matrimonial property regimes is governed by EU Regulation (EU) No 1259/2010, which applies in participating Member States. It allows spouses to select the law of a country with which they have a substantial connection — including after remarriage — provided strict formal and substantive conditions are met.

Under Article 22(1) of Regulation (EU) No 1259/2010, spouses may choose the law applicable to their matrimonial property regime at any time, including after marriage or remarriage.

The choice must be made in writing, signed by both spouses, and comply with the formal requirements of the chosen law or the law of the country where the agreement is concluded.

The chosen law must be that of a State where at least one spouse is habitually resident, or of a State of which at least one spouse is a national — ensuring a genuine link.

Importantly, the choice cannot prejudice the rights of third parties, such as creditors, and must not violate public policy (ordre public) of the forum state.

Statutory Text

Spouses may choose the law applicable to their matrimonial property regime at any time.

— Regulation (EU) No 1259/2010, Art. 22(1) — Choice of law

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