European UnionCan we choose which country's law applies to our marital property?
Yes, spouses in the EU can choose which country's law governs their marital property, provided certain conditions are met under Regulation (EU) 2016/1103.
What the Law Says
The EU’s Regulation (EU) 2016/1103 establishes uniform rules on the choice of law for matrimonial property regimes. It applies in 18 participating EU Member States and allows spouses to select the governing law — but only from a limited set of options and subject to strict formal requirements.
Spouses may choose the law of a country where at least one of them is habitually resident, or the law of a country of which at least one of them is a national. They may also choose the law of the country where they establish their first habitual residence after marriage.
This choice must be made expressly in a marriage contract or an agreement on matrimonial property regime, and it must be in writing, dated, and signed by both spouses.
The choice takes effect prospectively — it does not affect property acquired before the agreement unless the spouses expressly agree otherwise.
Statutory TextThe spouses may choose the law applicable to their matrimonial property regime provided that such law is the law of a Member State of which at least one of the spouses is a national or in which at least one of the spouses has his or her habitual residence at the time the choice is made.
— Regulation (EU) 2016/1103, Art. 22(1)
Statutory TextThe choice of law shall be made expressly in a marriage contract or an agreement on the matrimonial property regime and shall be in writing, dated and signed by both spouses.
— Regulation (EU) 2016/1103, Art. 22(2)
What to Do
Confirm that both spouses agree in writing to the choice of law.
Ensure the chosen law is that of an EU Member State where at least one spouse is a national or habitually resident.
Execute the agreement in writing, with date and signatures of both spouses.
Consider legal advice in both the chosen jurisdiction and your home country to assess enforceability and tax implications.
Register or formalise the agreement as required under national law (e.g., notarisation in some countries).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.