How to change or modify her matrimonial regime?
Verified 16 March 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
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.
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:
- Respect for the interests of the family (which may be that of the couple or one of the spouses)
- Consent of the two spouses
- Recourse to a notary
It is mandatory to inform your adult children (common or not), potential creditors and certain interested persons of your plan to change the matrimonial regime.
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 receives a protective measure such as the guardianship or the trusteeship, the information shall be sent to its representative.
Your adult children may object to changing the matrimonial 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's 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).
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General case
You must speak to a notary.
The notary must advise you and evaluate the benefits brought by 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 advise you and evaluate 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).
The notary must ensure that information for interested parties through change:
- Adult children
- 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
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
Then you have to go to a notary.
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 advise you and evaluate 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).
The notary must ensure that information for interested parties through change:
- Adult children
- Creditors (via a legal ad log)
- Persons who were party 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 have to ask type-approval of the court of your domicile only in the event of an objection by 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
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 spouses, the new marriage contract shall take effect on one of the following dates:
- Date of the notarial act
- Date of approval
Effects on third parties
In respect of third parties, the new marriage contract shall take effect 3 months after the date of entry in the 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
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Notary
- Judicial Tribunal
Marriage contract (amendment: Article 1397)
Change of matrimonial regime
Judicial approval of the change of matrimonial regime
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