International Marriage: Conflict of

Application pratique:

This case law confirms EU rules: for divorce and property, the law of the last habitual residence applies unless a choice was made. The couple should gather all marriage and property documents. They must consult a lawyer to file a joint application choosing French law, avoiding costly disputes over conflicting rules. Strict compliance with appeal deadlines is essential.

Application pratique:

Under EU Succession Regulation, the law of the deceased's last habitual residence governs (France). However, the husband could have chosen Spanish law by will. The widow must locate the will and all deeds. She should consult a French lawyer specialized in cross-border successions to confirm applicable law and file required declarations within 6 months to avoid penalties. Preventive advice could have avoided uncertainty.

Application pratique:

This case underscores EU rules: as a UK national resident in France, French law applies to succession of French assets unless he opts for UK law via a will. He must draft a French will expressly choosing UK law for his entire estate. He should keep all property deeds and bank statements in order. A preventive consultation with a French estate lawyer is crucial to avoid future litigation over applicable law.