Conflict of Laws - Conflict of Law Rules in Unmarried Cases

Conflict of Law Rules in Unmarried Cases

Unlike marriage which has an international recognised legal status, there are no international treaties on recognition of unmarried couple's legal status. If an unmarried couple change residence to different countries, then the local law on where the couple is last domiciled is applied to them. This covers, legal; status of the relationship, rights, obligations and all worldwide movable and immovable property. To otherwise interpret the law would mean if the unmarried couple had assets in several different countries, they would then need separate legal cases in each country to resolve all their movable and immovable property.

In the absence of a valid and enforceable agreement for an unmarried couple, here’s how the conflict of law rules work:

  • Full Mutability Doctrine - property relations between the unmarried couples are governed by their latest domicile, whether acquired before, during or after the relationship.

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