I would like to draw up a marriage contract. How do I go about it?
Before the marriage. To be valid, it must be signed by and at a notary’s office. Your lawyer can, of course, assist you in drafting it. The notary will give you a notarized certificate to be sent to the registrar before the marriage ceremony.
After the marriage: changing the matrimonial regime. You can change your matrimonial regime at any time before a notary, provided that your spouse agrees and that the interests of the family are respected. The change takes effect between the spouses on the date indicated by you in the agreement or the homologation judgment. With regard to third parties, it becomes enforceable three months after the addition of the note in the margin of the marriage certificate.
If you move abroad. Your matrimonial regime will depend on the law applicable in that country. The nature of your matrimonial regime may change depending on your country of residence.
If you move to a Member State participating in the European Regulation of June 24, 2016:
– If you have designated an applicable law or signed a marriage contract, this choice applies in all these countries and therefore your matrimonial regime remains unchanged.
– If you have not made an express choice, the law of your first residence after marriage remains applicable and your matrimonial regime therefore remains unchanged.
If you move to a country that applies the Hague Convention of March 14, 1978:
In the absence of a choice of law, the Convention provides for an automatic change of law, known as automatic mutability (Article 7 of the Hague Convention):
– immediately, if you move to the country of your common nationality. You will then be subject to the legal matrimonial regime of this new country;
– after 10 years of habitual residence, you will be subject to the legal matrimonial regime of your first habitual residence for 10 years, then to that of your new habitual residence after 10 years, unless otherwise agreed.
If you move to a country outside the EU that is not bound by the 1978 Hague Convention:
– If you have chosen French law, it remains valid in France, but the host country is not required to recognize it and may apply its own law.
– If you have not made a choice, the country will apply its own rules of private international law.
For your legal security, it is strongly recommended that you designate the law applicable to your matrimonial regime by notarial deed before moving abroad.
Gaëtan ESCUDEY is available to assist you in drafting or amending your marriage contract, particularly international ones.