Marriage and property regime

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Transactional marriage in the European Union and the property regimes of international couples are always a mess. What is civil marriage and what are its rules? And what is the property regime?
Your voice in Law is a podcast made by lawyer Ernestyna Niemiec in partnership with Fundacja Portugalia that seeks to demystify Polish law.
A support never before given to the Portuguese community in Poland.

🎙️ Your Voice in Law: Marriage and property regime

Published in collaboration with Fundacja Portugalia

By: Ernestyna Niemiec – Polish lawyer

Introduction

Welcome to another episode of Your Voice in Law, a podcast produced in collaboration with Fundacja Portugalia to support Portuguese citizens living in Poland.

Today we introduce two key areas of family law in a European context:

Cross-border marriage in the European Union
Property regimes for international couples

What Is a Cross-Border Marriage?

A cross-border marriage involves more than one EU country. For example:

One spouse has a different nationality
The couple lives in, or plans to move to, another EU country
The marriage is performed abroad

📌 A civil marriage is legally recognized in all EU countries, but the rules differ regarding:

Rights and duties of spouses
Name after marriage
Property regimes
Link between religious and civil marriage

In Poland, only civil marriages have legal effect. Religious marriages may have civil consequences only if certain legal requirements are met – we’ll cover those in the next episode.

Property Regimes in International Marriages

A property regime defines how a couple manages their assets during marriage and how assets are divided in case of divorce or death.

EU law offers common rules for couples in marriages or registered partnerships living across borders — but only in countries that have adopted the EU regulation.

ℹ️ However, Poland does not apply the EU regulation on property regimes and uses its own national law.

⛔️ EU legislation does not cover:

Legal recognition or existence of marriage/partnerships
Definitions of “family”
Maintenance obligations after divorce or separation
Inheritance issues after the death of a partner

Conclusion

Cross-border marriages can raise complex legal questions.

⚖️ Before making decisions, it is essential to understand:

The law of the country where the marriage is celebrated
The law of the country where the couple resides
Whether and how EU regulations apply

📧 For guidance or legal support, email us at: info@fportugal.com