I am married. What are my rights and obligations?
If you are married, certain rules automatically apply to you from the day of your marriage. These rules apply to all married couples, regardless of your matrimonial regime.
Your duties: As a spouse, you have obligations, primarily:
– Contribute to the expenses of the marriage according to your respective means, particularly those relating to the marital home (Art. 214 of the Civil Code).
– Contribute to the maintenance of the children according to your respective means.
If one spouse does not contribute, the other may apply to the family court for a contribution to the expenses of the marriage or to the maintenance and education of the children.
– Share responsibility for everyday debts (Art. 220 of the Civil Code): if one of you takes out a loan for a “normal/routine” household expense (e.g., electricity, children’s school), the other is also responsible.
– Joint decision-making regarding the family home (Art. 215 of the Civil Code): even if you are the sole owner of the home, you cannot sell or rent it without your spouse’s consent. Otherwise, he or she has the right to request that the sale be canceled.
Your rights: As a spouse, you have the following rights:
Even if you are married, you retain a large degree of autonomy in managing your affairs:
– You can manage your personal/own property without seeking your spouse’s consent (Art. 225).
– You can act alone for “normal/current” expenses (e.g., shopping, bills) deemed to be accepted by the other (Art. 220 and 222).
Internationally: Are you or your spouse a foreign national?
If you are in an international situation, the rules on conflicts of law in matrimonial matters are set out in Articles 202-1 and 202-2 of the Civil Code:
– If you marry a foreign national in France, you must comply with French law as well as the law of your future spouse’s country of origin.
– If you marry abroad, you will need to provide proof of your capacity to marry according to your national law (such as a certificate of custom or celibacy).
Gaëtan ESCUDEY is available to help you assert your rights and obligations arising from marriage and answer any questions you may have about your married life.