How to change or modify her matrimonial regime?
Verified 02 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Do you want to change or modify your marital regime? You must speak to a notary. He's going to write a new marriage convention. You should inform your adult children and your creditors the proposed amendments. In case of opposition, you will need to request a approval to the judge. The cost varies, depending on the value of your assets. We'll tell you what you need to know.
Changing or modifying the marital regime can be one of the ways to better protect your spouse (e.g. by opting for a Community regime) or to limit the risks associated with a professional activity (e.g. by opting for the separation of property regime).
You can change your matrimonial regime, for example by laying down special rules for certain property (such as the family home).
You can also opt for another marital regime (for example, to favor your spouse by adopting the universal community regime with a full attribution clause).
You must meet the following conditions:
- Family interest (which may be that of the couple or one of the spouses)
- Consent of the two spouses
- Recourse to a notary.
You must inform representatives of your minor children under guardianship, your adult children (common or not), your potential creditors and certain interested persons of your plan to change the matrimonial regime.
Minor children under guardianship
If your minor child is under guardianship, the information shall be sent to its representative.
You must address it in one of the following ways:
- Mail RAR: titleContent
- Act of Commissioner of Justice (former bailiff and judicial auctioneer).
Who shall I contact
Adult children of spouses
Your adult children (common or not) should be personally informed of the intended change.
You can use this newsletter template:
You must address it in one of the following ways:
- Mail RAR: titleContent
- Act of Commissioner of Justice (former bailiff and judicial auctioneer).
Who shall I contact
FYI
If your adult child is the subject of a protective measure such as the guardianship or the trusteeship, you must send the information to their representative.
Your adult children may oppose the amendment of the matrimonial property regime in a three-month period.
This period is based on information provided by the parents.
The objection of your adult children must be addressed to the notary in charge of the modification by one of the following means:
- Mail RAR: titleContent
- Act of Commissioner of Justice.
Who shall I contact
The absence of opposition within 3 months is tantamount to tacit acceptance of adult children.
Creditors
The creditors shall be informed of the intended change by the publication of a notice in a journal authorized to receive legal announcements.
This information is published in the district or department of your home.
In most cases, the notary is responsible for publishing.
If not, you can use this notice template:
Creditors may object to the amendment within 3 months after publication.
Other interested persons
It is the people who were party to the potential marriage contract that you want to change (for example, a parent who made a donation under the contract).
You can inform the people concerned by post RAR: titleContent.
You can also call on a commissioner of justice (former bailiff and judicial auctioneer).
Who shall I contact
It depends on your situation.
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General case
You must speak to a notary.
The notary has to get you advising and evaluating the benefits of the new regime.
It ensures that the change is in the best interests of the family (which may be that of the couple or one of the spouses).
In any case, it is advisable to come with the following documents:
- Family booklet
- Identity card
- Marriage contract in progress, if any
- If you have children, the identity and address of each of them.
If you have minor children, the notary shall check that their interests are safeguarded.
If he considers that the change in the matrimonial regime is seriously prejudicial to them, he may refer the matter to the family judge as guardianship judge for minors.
The notary must ensure that information for interested parties through change:
- Representative of a minor child under guardianship
- Adult children
- Representative of an adult child who is subject to a legal protection regime
- Creditors (via a legal ad log)
- Persons who were parties to the amended eventual marriage contract.
If the conditions are met, the notary establishes the new matrimonial agreement in the form of of authentic instrument.
Who shall I contact
Guardianship or guardianship spouse
You or your future spouse are subject to a legal protection (guardianship, curatorship, safeguarding of justice, family authorization), you must first contact the judge.
The change or modification of the matrimonial property regime shall be subject to prior authorization of the judge protection disputes as guardianship (or family council) judge.
Who shall I contact
You must go to a notary after obtaining the authorization of the judge.
In any case, it is advisable to come with the following documents:
- Family booklet
- Identity card
- Marriage contract in progress, if any
- If you have children, the identity and address of each of them.
The notary has to get you advising and evaluating the benefits of the new regime.
It ensures that the change is in the best interests of the family (which may be that of the couple or one of the spouses).
If you have minor children, the notary shall check that their interests are safeguarded.
If he considers that the change in the matrimonial regime is seriously prejudicial to them, he may refer the matter to the family judge as guardianship judge for minors.
The notary must ensure that information for interested parties through change:
- Representative of a minor child under guardianship
- Adult children
- Representative of an adult child who is subject to a legal protection regime
- Creditors (via a legal ad log)
- Persons who were parties to the amended eventual marriage contract.
If the conditions are met, the notary establishes the new matrimonial agreement in the form of of authentic instrument.
Who shall I contact
You must ask the court of law of your domicile type-approval of your change of diet, only in case ofopposition one of the following persons:
- Adult child
- Representative of a protected adult child or a minor child under guardianship
- Creditor.
The assistance of a attorney is required.
The lawyer shall submit a request to the court on your behalf to all 2, to which is attached a copy of the notarial deed.
In order to approve the new scheme, the court must assess the following factors:
- Family interest
- Damage to creditors.
He can get input from the children, but he is not obliged to follow it.
Who shall I contact
The cost depends on the value of the goods furniture or real estate which are mentioned in the contract.
You must pay the following:
- Advertising and procedural costs
- Notary's emoluments calculated on the value of the goods
- Costs of winding up the matrimonial property regime
- Lawyer's fees in case of court approval
- Information costs for creditors and adult children.
Mention on marriage certificate
The change in the matrimonial regime must be indicated in the margin of the marriage certificate spouses.
It is the notary who makes the request to the registrar.
Please note
The notary also mentions the change of regime on the minute the amended marriage contract.
Effects between spouses
For the spouses, the new marriage contract takes effect, depending on your situation, on one of the dates following:
- Date of the notarial act
- Date of the approval decision.
Effects on third parties
In respect of third parties, the new marriage contract shall take effect 3 months after the date of the entry in margin of the marriage certificate.
In the absence of this indication, the change is enforceable third parties if the spouses have declared that they have altered their matrimonial property regime in the documents signed with them.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Mercredi : de 08h30 à 12h15
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- Service free
The informants who answer you are from the Department of Justice.
- Notary
- Judicial Tribunal
Marriage contract (amendment: Article 1397)
Change of matrimonial regime
Judicial approval of the change of matrimonial regime
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