by Paolo  14/10/2020  0 Page Views
0 Comments  Family & de facto law, financial agreements, consent orders

A question from Italy, as this is a very frequent issue in the relations between common law and civil law jurisdictions: it is correct to say that – according to common law –  the law applicable to the matrimonial property regime as regards the ownership of immovable property is that of the place where the assets are located (lex rei sitae)? Is this the case for Australia too?

This is because very often couples from common law countries, while in their countries of origin they are governed by a law that provides for the separation of properties, in many civil law jurisdictions (Italy, France for example) they are surprised by the fact that the purchase of a property is governed by a community property regime (frequently complicated to be waived).

Many thanks for your kind attention.