Civil Law; Alimony between Spouses; Applicable law; Choice of Law; Post-divorce alimony
Abstract :
[en] In this paper, I attempt to demonstrate that while spouses may make arrangements for post-divorce alimony and determine which law will govern such arrangement, uncertainty remains within the EU as to the enforceability of such arrangements, especially since it is not yet known whether courts will enforce a choice of law made by spouses in such agreements. I also argue that the uncertainty is, however, limited and that in most cases, there is reason to believe that courts will indeed enforce such agreements.
Disciplines :
Civil law European & international law
Author, co-author :
Wautelet, Patrick ; Université de Liège - ULiège > Département de droit > Droit international privé
Language :
Dutch
Title :
Grensoverschrijdende alimentatieovereenkomsten tussen echtgenoten: tussen zekerheid en illusie
Alternative titles :
[en] Cross-Border Alimony Contrats Between Spouses : Between Certainty and Illusion