Yes. This is often the simplest way to secure an international couple’s position, particularly before or after moving abroad.
- Spouses may choose the law of a State where either is habitually resident or of which either is a national when making the choice (Regulation (EU) 2016/1103, Article 22). The Regulation applies to all spouses choosing the applicable law after 29 January 2019, whatever their marriage date.
- The change applies only to the future unless the spouses make it retrospective. Retrospective effect must not prejudice third parties’ rights (Article 22).
- The agreement must be written, dated and signed by both spouses and meet the formal requirements of their State of residence (Article 23): in France, in practice, a notarial instrument.
- A change of law may accompany a change of matrimonial property regime to adapt the couple’s arrangements to their new situation.
Before deciding, assess the effects: whether the previous regime needs liquidation, tax consequences and recognition in countries where you live or own assets.