International couples in registered partnerships should have the same right as married ones to choose which member state's national law will govern their property rights if the relationship ends, according to a resolution passed by the European Parliament. MEPs have therefore called for draft legislation produced by the European Commission to be amended to this end.
The draft legislation sets out rules for identifying which national law applies and which court has jurisdiction in property disputes that arise during the ending of an international marriage or registered partnership. These rules will not apply to the UK, Denmark or Ireland.
The draft rules proposed by Commission would automatically subject the property rights of registered partners to the law of the member state in which their partnership was registered. Married couples, by contrast, would be entitled to decide which member state's law applies to their joint property, provided that they have a close connection to that member state (i.e. habitual residence or nationality).
Parliament's resolution says that registered partners, like married couples, should be entitled to choose which member state's law will govern their property rights if their partnership ends, provided that they have a close connection to that member state. If registered partners were to choose a member state whose law does not recognise registered partnerships, then this choice would not be valid.
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