Everything depends on your marriage date and the choices you have made. If you entered a marriage agreement or designated a law, that law applies, provided the choice is valid. Otherwise:
- Married before 1 September 1992: the law you are presumed to have chosen, in principle that of your first matrimonial home.
- Married between 1 September 1992 and 29 January 2019: the Hague Convention of 14 March 1978 in principle designates the law of your first habitual residence after marriage, with nationality-related exceptions (Article 4). It may have changed automatically during the marriage, without your knowing: on settling in the State of your common nationality or after more than ten years in the same State (Article 7). The change applies only to the future: two laws may apply successively, with two pools of assets to divide.
- Married after 29 January 2019: Regulation (EU) 2016/1103 designates the law of your first common habitual residence after marriage, otherwise your common nationality, otherwise the State with which you have the closest connections (Article 26). There is no automatic change.
Whatever that law, spouses living in France remain subject to the mandatory rules of the Civil Code (Articles 212 to 226), including contributions to marital expenses and protection of the family home.
The consequences in divorce or on death are substantial: the same couple may have community property under one law and separate property under another. A consultation identifies your applicable law and, if needed, helps you choose it.