Marriage contract
Verified 04 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You get married and you want to choose your matrimonial regime ? You must sign a marriage contract. If you marry without a contract, you are subject to the regime of the legal community. If you want to change your plan, you must also establish a contract. In the 2 cases, the use of a notary is mandatory. Here's the information you need to know.
Before the wedding
If you sign a marriage contract, you can choose your marital plan.
If you do not sign a contract, you are automatically subject to the statutory community reduced to acquisitions.
You must sign your marriage contract in front of a notary.
You can adopt one of the matrimonial regimes provided for by law or choose more suitable rules.
Please note
the notary has an obligation to advise you. This is particularly important if one of you is not a French national or is self-employed.
Separation of property
Your assets remain separate.
You retain the administration, enjoyment and free disposal of your personal property.
All debts that either of you 2 enters into commit you both 2 if they relate to one of the following obligations:
- Household maintenance
- Children's education.
In the case of other debts, only the spouse who contracts them is engaged.
Please note
depending on your situation, you can choose suitable clauses (pooling of certain goods for example).
Adjusted Community of Acquisitions
You can adopt the furniture and purchase community or the arrangements for community reduced to acquisitions, but by amending certain clauses.
For example, you may want to include the following:
- Unequal sharing of common goods between you 2
- Possibility of redemption by either of you of all or part of the other's goods, according to a price or rules fixed in advance.
All debts that either of you 2 enters into commit you both 2 if they relate to one of the following obligations:
- Household maintenance
- Children's education.
For the settlement of other debts, account is taken in particular of the nature of your property, common or unique to one spouse.
Universal Community
All your property (furniture or real estate, present and future) are common.
You may or may not include a full community attribution clause for the surviving spouse in the event of death.
Please note
Because all assets are common, your creditors can demand the repayment of your debts on all your assets.
Participation in acquisitions
For the duration of the marriage, this matrimonial regime operates as if you were married under the separation of property regime.
Upon dissolution of the union (divorce or death), the notary first calculates the enrichment of each of you 2 during the marriage. It is then shared equally among you 2.
The one who has been the least enriched is entitled to a claim of participation.
Please note
a specific acquisition participation scheme is available to you if you are a franco-german couple. It is also more widely accessible, especially to French or German couples living in Germany or France.
Role of notary
You must speak to a notary.
He must draw up the contract before celebration of your marriage.
It is better to take several weeks in advance.
The notary asks you about the following:
- Your respective heritage
- Presence or absence of children (common or not)
- Your work situations.
He advises you, proposes a contract writing, then proceeds to save the version finally adopted.
The following rules, laid down by law, must always be respected:
- Rights and duties resulting from marriage
- Rules of parental authority,
- Rules legal order of the heirs.
Who shall I contact
Marriage contract cost
The costs depend on the size and nature of the assets furniture or real estate which are mentioned in the contract.
In all cases, you must pay the following:
- Notary's emoluments for the drawing up of the marriage contract
- Costs of procedure (registration fee, authentic copy, etc.) and publicity
- Taxes.
The emoluments of the notary are proportional to the value of the property mentioned in the marriage contract, if this value exceeds €30,800.
Up to this amount, the notary's fee is fixed at €188.68 (excluding taxes).
Marriage shall cease in the following cases:
The property is divided according to the rules of your matrimonial regime (we speak of the liquidation of the matrimonial property regime).
A spouse convicted (as perpetrator or accomplice) of willfully causing or attempting to cause death to his or her spouse, or willfully committing violence that resulted in the death of his or her spouse without intent to cause death, is automatically lost benefits under the matrimonial property regime.
The spouse may also be deprived of benefits under his or her matrimonial regime if he or she has been convicted in any of the following cases:
- Torture, barbaric acts, willful violence, rape or sexual assault of a spouse
- False testimony against her husband in criminal proceedings
- Willfully failing to prevent a crime or offense against the bodily integrity of a deceased spouse
- Slander against her husband for criminal acts.
FYI
Disqualification must be ordered by the court of law.
After the wedding
To change your regime, you must sign your new marriage contract in front of a notary.
You can adopt one of the matrimonial regimes provided for by law or choose more suitable rules.
The notary has an obligation to advise you. This is especially important if one of you is not a French national.
You can make one of the following choices:
- Establish a contract after marriage if you have married without a contract
- Edit existing contract
- Changing the matrimonial regime.
You must speak to a notary.
Who shall I contact
Persons to be informed of the proposed change of matrimonial regime
You must inform of your plan to change of matrimonial regime the following persons:
- Representative of a minor child under guardianship
- Adult children
- Creditors (via a legal ad log)
- Persons who were parties to the amended eventual marriage contract.
Your adult children may object to changing the matrimonial regime in a three-month period.
Your creditors may object to the change within 3 months after publication.
They must inform the notary who draws up the deed of their objection. He'll let you know.
Court approval
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
Cost of changing contract
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.
You can change your diet, whether you are married without a contract or that you have already signed a marriage contract.
You can adopt one of the matrimonial regimes provided for by law or choose more suitable rules.
Separation of property
Your assets remain separate.
You retain the administration, enjoyment and free disposal of your personal property.
Please note
depending on your situation, you can choose suitable clauses (pooling of certain goods for example).
Adjusted Community of Acquisitions
You can adopt the furniture and purchase community or the arrangements for community reduced to acquisitions, but by amending certain clauses.
For example, you may want to include the following:
- Unequal sharing of common goods between you 2
- Possibility of redemption by either of you 2 of all or part of the goods of the other, according to a price or rules fixed in advance.
Universal Community
All your property (furniture or real estate, present and future) are common.
You may or may not include a full community attribution clause for the surviving spouse in the event of death.
Participation in acquisitions
For the duration of the marriage, this regime operates as if you were married under the separation of property regime.
Upon dissolution of the union (divorce or death), the notary calculates the enrichment of each of you 2 during the marriage. It is then shared equally among you 2.
The one who has been the least enriched is entitled to a claim of participation.
Please note
a specific acquisition participation scheme is available to you if you are a franco-german couple. It is also more widely accessible, especially to French or German couples living in Germany or France.
Marriage shall cease in the following cases:
The property is divided according to the rules of your matrimonial regime (we speak of the liquidation of the matrimonial property regime).
A spouse convicted (as perpetrator or accomplice) of willfully causing or attempting to cause death to his or her spouse, or willfully committing violence that resulted in the death of his or her spouse without intent to cause death, is automatically lost benefits under the matrimonial property regime.
The spouse may also be deprived of benefits under his or her matrimonial property regime if he or she has been convicted ofIn any of the following cases:
- Torture, barbaric acts, willful violence, rape or sexual assault of a spouse
- False testimony against her husband in criminal proceedings
- Willfully failing to prevent a crime or offense against the bodily integrity of a deceased spouse
- Slander against her husband for criminal acts.
FYI
Disqualification must be ordered by the court of law.
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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- Service free
The informants who answer you are from the Department of Justice.
- Point-justice
- Notary
General provisions on matrimonial property regimes
Treaty Community
Universal Community
Separation of assets regime
Acquisition participation scheme
Cost of a marriage contract (Article A444-82)
FAQ
Service-Public.fr
Notaries of Europe