Information letter issued to the children of spouses in the context of a procedure for changing the matrimonial regime (Model document)

[First Name Last Name]

[Personal Address]

[Recipient]

[Recipient Address]

[Commune] , [Date]

Subject: Proposed changes to the matrimonial property regime

Information concerning spouses

[Surname and forenames of each of the spouses]

[Spouses' residence (common or separate)]

[Date and place of marriage]

[Designation of the amended matrimonial property regime, possibly including the date of the marriage contract and the name of the notary who drew it up]

Information concerning the amendment of the matrimonial property regime

[Modification made]

[Appointment of the notary who drew up the document (name and address)]

[Date of the act]

Information concerning the opposition

‘In accordance with the provisions of the second paragraph of Article 1397 of the Civil Code, the adult children of the spouses and the persons who had been parties to the amended marriage contract may lodge an objection within three months of receipt of this letter. This objection is made, with article 1300-1 of the new Code of Civil Procedure, by registered letter with request for notice of receipt or by exploit of the Commissioner of Justice (former bailiff and judicial auctioneer) addressed to the notary who drafted the document."

Article 1397 of the Civil Code:

The spouses may agree, in the interests of the family, to modify their matrimonial regime, or even to change it entirely, by a notarial act. On pain of nullity, the notarial act contains the liquidation of the modified matrimonial regime if it is necessary.

Persons who were parties to the amended contract and the adult children of each spouse shall be personally informed of the proposed amendment. Any of them may oppose the amendment within the three-month period. In the case of a minor child under guardianship or an adult child who is the subject of a legal protection measure, the information is given to his or her representative, who acts without prior authorization from the family council or guardianship judge.

Article 1300 of the Code of Civil Procedure:

‘The information provided for in the second paragraph of Article 1397 of the Civil Code shall be notified to persons who had been parties to the marriage contract and to the adult children of each spouse.

The content of this information as well as that of the notice provided for in the third paragraph of Article 1397 of the Civil Code shall be defined by decree of the Minister of Justice."

Article 1300-1 of the Code of Civil Procedure:

‘Objections made by persons referred to in the second and third paragraphs of Article 1397 of the Civil Code shall be notified to the notary who drew up the document. He shall inform the spouses accordingly.

In the event of opposition, the spouses shall lodge an application in the form provided for in paragraph 2 of this Section.'

[Signature of both spouses]