How is patrimonial solidarity between spouses conceived and operationalised in continental European jurisdictions? In most systems, the property relations between spouses are governed by a matrimonial property regime. The default regime, which is applicable in the absence of a marital agreement, usually ensures that the property accumulated during the marriage (the ‘matrimonial property’) is equally shared upon divorce. Although this outcome appears straightforward, continental European jurisdictions reach it through markedly different pathways. Some adopt community‑based regimes, which create a community of property during the marriage that will later be divided upon divorce, as is the case in France, Belgium, and the Netherlands … (more)
[Hannelore Thijs, British Association of Comparative Law, 1 May 2026]
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