We married in Italy but live in Belgium. Which law governs our property regime?

What the Law Says

The law governing matrimonial property regimes for international couples within the EU is set out in Regulation (EU) 2016/1103, which applies to marriages concluded on or after 29 January 2019 — and to earlier marriages if both spouses consent to its application.

This Regulation establishes uniform conflict-of-law rules across participating EU Member States (all except Denmark and Ireland). It determines which national law applies to the property consequences of marriage — regardless of where the marriage was celebrated.

By default, the applicable law is that of the State where the spouses establish their first common habitual residence after marriage (Article 22(1)). If no such residence exists, it defaults to the law of the State of their common nationality at the time of marriage. If they have no common nationality, it defaults to the law of the State with which they jointly have the closest connection.

Crucially, spouses may choose the law of a State whose nationality one or both hold, or the law of the State where one spouse has habitual residence — provided the choice is made in a marriage contract or later agreement complying with formal requirements (Article 22(3)).

Statutory Text

The matrimonial property regime shall be governed by the law of the State in which the spouses establish their first habitual residence after marriage.

— Regulation (EU) 2016/1103, Art. 22(1)

Statutory Text

Spouses may choose the law applicable to their matrimonial property regime… The choice shall be made in a marriage contract or an agreement…

— Regulation (EU) 2016/1103, Art. 22(3)

Sources