The matrimonial regime (régime matrimonial) determines how your assets will be managed during your marriage and divided in the event of divorce or death.
Many couples only discover the practical effects of their matrimonial regime when they separate, which is a real shame. It is therefore essential to think in advance about the regime that is best suited to your personal, financial, and family situation.
If you enter into a marriage contract, it is concluded before a notary (notaire), prior to the wedding ceremony.
The principle is freedom of contract. You can choose your matrimonial regime (see What are the different kinds of matrimonial regime?) and insert personalized clauses, provided that they do not contravene public policy (ordre public: duties of fidelity, support, cohabitation, etc.).
In your contract, you can include, in particular:
- Clauses on the law applicable to your matrimonial regime: this is very useful if you are leaving, now or in the future, to live abroad, or if you own real estate located abroad;
- Withdrawal or preciput clauses (clauses de prélèvement ou de préciput): you can provide for the withdrawal of a joint asset to make it a separate asset, with or without compensating the community, in the event of division or dissolution by divorce or death;
- Unequal division clauses: you can provide for an unequal allocation of shares of the community at the time of its dissolution, in favor of or to the detriment of one of you;
- Full allocation clauses (clauses d’attribution intégrale): this technique for protecting the surviving spouse allows all joint property to be allocated to the surviving spouse;
- Tontine clauses: this technique allows you to allocate jointly acquired property retroactively to the surviving spouse, as if they had always been its sole owner.
Gaëtan Escudey is available to advise you on drafting a customized marriage contract that meets your needs and anticipates changes in your life.
This general information does not replace a consultation: each situation requires individual assessment.
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