I want to get married. What is the point of entering into a marriage contract?
The matrimonial regime 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 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 must be signed before a notary prior to the wedding ceremony.
The principle is contractual freedom. You can choose your matrimonial regime (see fact sheet no. 5) and insert personalized clauses, provided that they do not contravene public policy (duties of fidelity, support, cohabitation, etc.).
You can include the following in your contract:
– Clauses on the law applicable to your matrimonial regime: This is very useful if you are moving or plan to move abroad, or if you own real estate abroad.
– Withdrawal or pre-emptive clauses: You can arrange to withdraw a joint asset and make it your own, with or without compensating the community in the event of division or dissolution due to divorce or death.
– Unequal division clauses: You can provide for an unequal distribution of the community property at the time of its dissolution, in favor of or to the detriment of one of you.
– Full allocation clauses: 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 retroactively allocate jointly acquired property to the surviving spouse, as if they had always been the 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.