Brexit and new European framework in family property regimes

The internationality of family relationships can be determined by one or both of the following factors: the presence of members of different nationalities in the couple or the location of assets and real estate belonging to the couple in States other than the one in which the couple resides. Couples are international if the two parties have different nationalities, live apart in different countries and/or live together in a country other than their home country. After the UK’s decision to leave the European Union, particular issues have arisen for cross-border families residing in the UK. After the Lisbon Treaty, the UK’s policy on the regulation of family relations was characterized by a constant opt out regime. For this reason cross-border families residing in the UK cannot benefit from recent European regulations regarding property regimes. The new EU Regulations make it easier to identify the law applicable to the assets of spouses or registered partnerships. But cross border couples in the UK cannot benefit from the new EU Regulations. The uncertain regulatory framework determined by Brexit involves the application of international instruments that are not fully harmonized with the domestic legal systems of the United Kingdom. The paper offers a focus on the situation for cross border families after the Brexit in the specific sector of property regimes with specific regard to England and Wales. The main outcome of the paper is to highlight the need for dialogue between the UK and the European Union in the interests of transnational families.