Marriage contract

Verified 16 March 2023 - 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.

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
  • Education of children

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
  • Education of children

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.

What is the role of the 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:

Who shall I contact

How much does a 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 fees for the drawing up of the marriage contract
  • Procedural and publicity costs

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:

You must speak to a notary.

Who shall I contact

Who should be informed about the proposed change of marital status?

You must inform of your plan to change of matrimonial regime the following persons:

  • 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.

When should the matter be referred to the court?

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:

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

How much does the contract change cost?

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.

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