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Gaëtan EscudeyLawyer & Mediator · Paris Bar

Questions and guides

Can we change the law governing our matrimonial property?

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.

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