At Welex, law firm in Marbella, we usually find cases where it is not clear which marriage regime is applicable in several European countries.
We will therefore make a brief clarification on the existing marriage regimes in various European countries:
In Spain, with the exception of the case in which spouses previously agree, the community of acquisitions regime applies.
Because of this, the assets obtained by each member of the couple become common for the duration of the marriage.
At the end of it, a distribution is carried out by halves.
In Germany, the applicable marriage regime would be that of community of accrued gains, which most we mean by separation of assets.
Therefore, the assets of the spouses do not become profitable once the marriage is carried out.
The assets of spouses who have increased during the marriage regime will be divided into halves once the marriage ends.
In Belgium, except in the case where spouses agree in advance, the applicable marriage regime shall be a community of acquisitions for the assets that have been acquired during the marriage.
However, separation of assets applies to private property.
In Portugal, unless agreed by the spouses, the marriage regime of application is that of community of acquisitions.
Therefore, there is a diversity of goods that are considered common, whether before or after marriage, while in the custodial property the separation of assets is applied.
In Ireland, assets belonging to each spouse prior to marriage or any that has been acquired by each during the regime is considered property of each party.
In the event of a divorce or separation, the judicial claim of the other spouse’s assets and rights would be possible.
In Italy, we are faced with a marriage regime of community of property.
In Denmark, we are faced with a regime of community of property.
In Sweden we find a marriage regime of community of property.
Therefore, the assets acquired during the marriage shall be divided in halves at the extinction of that marriage regime.
In Luxembourg, the applicable matrimonial regime is that of the community of property. Distinguishing between common property and separate property.
United Kingdom: England, Wales and Scotland
In the UK and Wales there is no marriage regime as such.
Therefore, assets acquired by both spouses are considered private property.
In the case of Scotland, we would talk about regime of separation of property.
In the case of France, the applicable marriage regime is that of community of property after marriage.
In the Netherlands, a community property regime is established.
In Finland we find that the assets acquired by both spouses prior to marriage, as well as those acquired during marriage, are their property.
It is also possible to establish a number of assets common to both spouses.
From Welex, lawyers and economists in Marbella, we want to clarify that the previous marriage regimes are a general guide to those established in the different European countries.
Therefore, we always advise professional advice in matrimonial and heritage matters, since it is necessary to study each case individually.
Do not hesitate to contact us for any legal or economic enquiries.