How is a marriage contract drawn up?

Before the marriage. To be valid, it must be signed by and at the office of a notary (notaire). Your lawyer can, of course, assist you in drafting it. The notary will give you a notarial certificate (certificat notarié) to be sent to the civil registrar (officier d’état civil) before the marriage ceremony.

After the marriage: changing the matrimonial regime (régime matrimonial). 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. Between the spouses, the change takes effect on the date of the notarial deed or, where applicable, of the court approval judgment (jugement d’homologation). With regard to third parties, it becomes enforceable three months after the note is added in the margin of the marriage certificate.

If you move abroad. Your matrimonial regime will then depend on the law applicable to it. Depending on the date of your marriage, this law may change with your country of residence.

If you married on or after January 29, 2019, the European Regulation of June 24, 2016 applies:

• If you have designated an applicable law or signed a marriage contract, this choice applies in all the States that apply this Regulation, and therefore your matrimonial regime remains unchanged.
• If you have not made an express choice, the law of your first residence after the marriage remains applicable, and therefore your matrimonial regime remains unchanged.

If you married between September 1, 1992 and January 28, 2019, the Hague Convention of March 14, 1978 applies:

In the absence of a choice of law, the Convention provides for an automatic change of law, known as automatic mutability (mutabilité automatique), under Article 7 of the Hague Convention:

• immediately, if you settle in the country of your common nationality. You will then be subject to the statutory matrimonial regime of this new country;
• after more than 10 years of habitual residence in the same country, you will be subject to the law of that country, for the future only: the previous law continues to govern the property acquired before, unless otherwise agreed.

If you settle in a country outside the European Union:

• 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 certainty, it is strongly recommended that you designate the law applicable to your matrimonial regime by notarial deed before any move abroad.

Gaëtan Escudey is available to assist you in drafting or amending your marriage contract, particularly an international one.

This general information does not replace a consultation: each situation requires individual assessment.