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Hungarian couples living abroad

Private international law in the family

Plan ahead if you have cross-border family relationships, choose the applicable law to avoid future surprises.

 

Hungarian couples often choose to work abroad - their relations are regulated by private international law. In cross-border family relationships, conscious planning and choosing the applicalbe law is crucial.


Why does choice of law matter? In this article I will show you how many questions can arise in connection with relocation and I give some of the possible answers in parentheses, just to illustrate the complexity of the situation. (Please note that this article contains general legal information and does not contain legal advice. The law is complex and changes often. For legal advice, please ask your lawyer.)


The basic situation: a Hungarian couple moves to Brussels, they live there for years. They buy an apartment and a car, but they also own a real estate in Hungary. A few years later, they get married in Belgium. Their child is born in Brussels and as happy as they are, they don’t want to move home. They stay and later the child starts school in Brussels. Then after a couple of years the family idyll ends, either because the marriage breaks down or because one of the parties dies.


Even during the happy years, the question may arise, which law governs their property relations, Belgian or Hungarian? (The answer is complex, because although both countries are EU member states, Belgium participates in the application of the matrimonial property law regulation, but Hungary does not. According to Hungarian law, this issue is governed by the Private International Law Act. So the question is, where can the marriage contract be concluded, in Belgium or in Hungary? Usually the couple prefers to enter into a marriage contract according to the law of their home country. There is a possibility for this - please be adviced by your lawyer. Many subsequent problems can be avoided with the marriage contract and the choice of the law.)

 

If the couple consciously plans their lives and they think ahead, they might want to settle inheritance issues by will. Where can they make a will? (Anywhere, and it is possible to choose the applicable law - Belgian or Hungarian. If they do not choose the law, the law of the country where the testator lived at the time of the will (Belgian) shall apply. It is not possible to choose which country's notaries will act (it is always the competent authority in the country where the testator was habitually resident at the time of the death) but it is possible to choose the applicable law. Please note that it might happen that Belgian authority must apply the Hungarian law.)

 

If there is no will and, let's say, the husband dies, which country's authorities will act on the inheritance and which law will apply? (The Belgian authorities will act and Belgian law applies in the absence of a choice of law. The Belgian authorities shall issue the European Certificate of Succession, which allows the heir to easily prove his succession status in another Member State, e.g. In Hungary, as this document is recognized in all Member States without any further procedure.)


What happens if the relationship breaks down and they divorce? Can divorce proceedings be started in Hungary or only in Belgium? Does it depend on whether there are children? Which state's law should be taken into account when sharing the matrimonial property?
(This depends primarily on whether there is a child and whether there is a willingness to reach an agreement between the parties and seek a divorce by mutual agreement, or whether the relationship between them is so outraged that the court must decide. The relevant EU regulations govern where divorce proceedings can be instituted and which court has jurisdiction to rule on matters relating to children. The parties may choose to enter into an agreement under Hungarian law by choosing the applicable law, and so they can avoid the often unreasonably costly litigation abroad, but this requires willingness to compromise and also a lawyer specializing in international family law.)

 

After a relationship breakdown, the child remains with the mother, who, however, decides that she would rather move home with the child to Hungary, can she do so?

(No, she is not allowed to decide about relocation alone. Moving back to Hungary without the father’s consent is illegal child abduction and in such case the father would have the option of returning the child to Belgium. However, the parents can enter into an agreement on changing the child's habitual residence to Hungary and on additional issues related – access tot he child – and this can again be concluded under Hungarian law, with the assistance of a Hungarian lawyer. However, if there is no agreement between the parents on the relocation the Belgian authorities shall have jurisdiction ont he case.)

 

If the same couple relocates to London or to the United States or to Switzerland instead of Brussels, the answers are again different, as in such not the EU regulations but the relevant international conventions between the two countries and the Private International Law Act apply.

 

If only one of them is a Hungarian citizen and the other spouse is a foreigner, the situation can be even more complex.


When planning your relocation, it is highly recommended to find out how your new life situation will be qualified under private international law. If you have any uncertainty about jurisdiction and applicable law issues, and you would like to gather information and plan ahead, please feel free to schedule a consultation here >>

 

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