International family wealth planning

• You married abroad, or you live abroadWithout a choice, the law applicable to matrimonial property depends on your marriage date and first habitual residence afterwards. A French couple married in London or New York may therefore be subject to foreign law, including a system without the concept of a matrimonial property regime.
• You married between 1992 and 2019, without a contractFor couples married between 1 September 1992 and 29 January 2019 without a contract or choice of law, that law may have changed automatically during the marriage, for example after more than ten years’ residence in another country (Hague Convention of 14 March 1978, Article 7). The change applies only to the future: two successive laws and two sets of assets to divide.
• Your assets or heirs are in several countriesSuccession is generally governed by the law of the country of your last habitual residence (EU Regulation No 650/2012, Article 21), even if outside the EU. That law may not protect your children’s inheritance or the rights you intended for your spouse.

Planning fixes these rules in advance, makes them predictable for everyone and checks that they will be recognized in every country concerned.

Before any step, I answer three questions that shape the strategy:

1. I

   Which law for your property?

   Without a choice, the law applicable to matrimonial property depends on your marriage date and first habitual residence afterwards. A French couple married in London or New York may therefore be subject to foreign law, including a system without the concept of a matrimonial property regime.

2. II

   Which law for your succession?

   Succession is generally governed by the law of the country of your last habitual residence (EU Regulation No 650/2012, Article 21), even if outside the EU. That law may not protect your children’s inheritance or the rights you intended for your spouse.

3. III

   What can you choose?

   The law governing your matrimonial property and, where appropriate, the competent court; the law of your nationality for succession; and a form of will recognized in each country.

Planning tools

International prenuptial agreements: choice of law governing matrimonial property, namely the law of the habitual residence or nationality of either spouse (EU Regulation 2016/1103, Article 22); choice of regime and clauses suited to the countries concerned; and choice of court for division of assets (Article 7).

Changing the applicable law or property regime during marriage, when moving abroad, returning to France or buying overseas. The change applies prospectively unless you choose retroactive effect, without prejudicing third-party rights.

Choices anticipating separation: the law applicable to divorce (Rome III Regulation, Article 5) and maintenance between spouses (2007 Hague Protocol, Article 8), subject to validity in every country concerned.

Choosing the law applicable to succession: the law of a country of your nationality, designated in a will (Regulation No 650/2012, Article 22).

International wills and coordination of wills: a form recognized in the countries concerned (Hague Convention of 5 October 1961; Washington Convention of 26 October 1973 on the form of an international will), and local wills that do not revoke one another.

“Analyse every option in every country, prepare for litigation the better to avoid it, and build choices that hold wherever they will have to apply.”

1. International consultationWe review your nationalities, successive residences, marriage date and place, plans and assets to identify the law currently governing matrimonial property and succession, and the available choices.
2. Wealth reviewI analyse the composition and location of present and future assets and simulate each option on separation or death: an outline of asset division and each person’s rights in every country concerned.
3. Before marriage: an international prenuptial agreementI draft the agreement, covering applicable law, property regime, competent court and clauses suited to the countries concerned. Your notary then executes it, and I check recognition where you live or plan to live.
4. During marriage: adapt your choices to mobilityMoving abroad, returning to France, buying overseas or a child’s birth: I prepare a change of applicable law or property regime and advise on succession-law choices and international wills.
5. On separation: amicable divisionI identify the applicable law or laws, calculate each person’s rights and negotiate an amicable division of matrimonial property with the other party and their lawyer, working with the notary and foreign lawyers where necessary.
6. An agreed expert assessmentIf asset values are disputed, you can jointly appoint an expert whose opinion forms a basis for agreement, avoiding lengthy and costly court-appointed expertise.

Indicative sequence: each case follows its own pace.