If you are married, certain rules apply to you automatically from the day of your marriage. These rules apply to all married couples, regardless of your matrimonial regime (régime matrimonial).
Your duties: As a spouse, you first have obligations:
- Contribute to the expenses of the marriage (charges du mariage) in proportion to your respective means, in particular those relating to the marital home (Article 214 of the French 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 judge (juge aux affaires familiales) for a contribution to the expenses of the marriage or to the maintenance and education of the children.
- Share responsibility for everyday debts (Article 220 of the French Civil Code): if one of you incurs an everyday household expense (e.g., electricity, children’s school), the other is also bound by it; loans bind both spouses only if they involve modest sums needed for the requirements of everyday life.
- Decide together on the family home (Article 215 of the French Civil Code): even if you are the sole owner of the home, you cannot sell or rent it out without your spouse’s consent. Otherwise, your spouse may request its annulment.
Your rights: even when married, you retain a large degree of autonomy in managing your affairs:
- You can manage your personal (separate) property (biens propres) without seeking your spouse’s consent (Article 225 of the French Civil Code);
- You can act alone for everyday expenses (e.g., shopping, bills), which are deemed to be accepted by the other spouse (Articles 220 and 222 of the French Civil Code).
Internationally: are you or your spouse a foreign national?
If you are in an international situation, the rules governing the formation of marriage are set out in Articles 202-1 and 202-2 of the French Civil Code:
- If you marry a foreign national in France, you must comply with French law but also with the law of the country of origin of your future spouse;
- If you marry abroad, you will need to provide proof of your capacity to marry under your national law (such as a certificate of custom (certificat de coutume) or a certificate of single status (certificat de célibat)).
Gaëtan Escudey is available to help you assert your rights and obligations arising from marriage and to answer any questions you may have about your married life.
This general information does not replace a consultation: each situation requires individual assessment.
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