Marriage, YES to lifelong projects!

The year 2020 was a complicated one for all those who wanted to get married. Fortunately, the COVID did not get the better of the institution of marriage, and a large number of future brides and grooms were still able to realize their plans, but in a different way. Respecting barrier gestures, social distancing, fewer guests and the new accessory of the mask, many weddings were celebrated this summer.
Today, while marriage remains a romantic act of union between two people, it is also a legal act with lifelong implications. Every step of the way can be marked by a visit to the notary, who will provide advice tailored to each situation and draw up the deeds.
From the choice of matrimonial property regime, to the future protection mandate, to the purchase of real estate, your notary will always be there to accompany you on life's journey.

How do I sign a marriage contract?
The marriage contract must be drawn up and signed in the presence of a notary, with both spouses present (no power of attorney).
The notary will give you a copy to present to the registrar at the ceremony.

PREPARING FOR A WEDDING
Engagement: a not-so-outdated prerequisite

In today's world, between PACS and cohabitation, what is the place of engagement as a commitment prior to marriage?
Since engagement is not governed by law, the courts have gradually established its rules. In legal terms, they constitute a reciprocal promise of marriage, but they are not a prerequisite for marriage! A PACS or a few years in a common-law relationship are now used as a preliminary to marriage. If you opt for an engagement, you're under no obligation to marry. It is therefore possible to break off this engagement, but this freedom must not be abused. A jilted fiancé or fiancée will inevitably feel that the break-up is excessive... In order to claim damages, it is necessary to prove the reality of the engagement, the prejudice suffered and the wrongful nature of the break-up. This raises the question of what to do with the engagement ring. Can it be kept, or should it be returned to the unfaithful fiancé? If it's considered a customary gift, the beautiful woman can keep it. On the other hand, if the ring is an heirloom, it must be returned. It's forbidden to keep it, even if you think it might be a little compensation!

Choosing the matrimonial property regime: a must
One couple in ten signs a marriage contract, and while this is not compulsory, it may be necessary in certain circumstances. A marriage contract makes it possible to :
- determine the composition of each spouse's assets, distinguishing between private and joint property, and specify how and by whom they are to be managed.
- specify how the accounts are to be drawn up and divided between the spouses on dissolution of the marriage.

Designed for general situations, the legal regime of community of property reduced to acquests has its limits when a particular family or asset situation arises (self-employed profession with financial risks, for example). If the future spouses choose the regime of separation as to property, nothing will be pooled from an asset point of view. Each spouse manages his or her present and future assets independently, with the exception of the family home.
Participation aux acquêts is another option when choosing a matrimonial property regime. This regime operates as a separation of property during the marriage, and becomes community property at the end of the union. It's a good alternative for couples seeking both independence and equity. For those who believe that "everything that's yours is also mine", the universal community will appeal to you.

A MARRIAGE THAT EVOLVES
Consolidating your union by buying property

The "status" of the property you buy will largely depend on your matrimonial property regime.
- If you are married under the legal regime of communauté réduite aux acquêts, each of you is deemed to own half of the property purchased after the marriage. This is the case even if one of the spouses has contributed a larger share of the purchase price.
- If part of the financing comes from a gift or inheritance received by one of the spouses, the notary will advise you to mention this in the deed of purchase. In the event of separation, the spouse who financed the purchase in this way will receive equivalent "compensation" (known as a "reward").
- If you are married under the separation of property regime, all assets acquired before and after the marriage remain the personal property of each spouse. What about your home? The building is the exclusive property of the person who financed it. In this case, it is strongly advised to buy jointly with funds from both spouses. They will then own the property in proportion to their investment.
- If you are married under the community property regime, you both own the property in equal shares, even if it was acquired by only one of you.
- If you are married under the regime of participation aux acquêts, the system is identical to that of separation as to property.
However, in the event of marriage breakdown, each spouse is entitled to half of the other's acquests, i.e. half of his or her enrichment during the marriage.

Changing property regime to adapt to new situations
Following family or professional changes, the matrimonial property regime chosen at the outset may prove unsuitable over time. The spouses may also wish to make a few adjustments to the initial regime.
In such cases, a change of matrimonial property regime should be considered. This involves a notarial deed, which must include the liquidation of the previous regime (on pain of nullity), if necessary. This is the case, for example, when you change from a reduced community of acquests to a separation of property.
In addition, since the law of March 23, 2019, there is no longer a 2-year marriage requirement. The notary must ensure that the change of regime is truly in the family's best interests.

The principle of "l'accessoire suit le principal" in law
When two spouses are married under the community property regime and have a house built together :if the land has been given or inherited by one of the spouses, the house is his or her own property and not common property. The accessory (the house) follows the principal (the land).

A MARRIAGE IS A FUTURE COMBINATION
Gifts between spouses to protect your spouse

This legal instrument, also known as a "last living" gift, increases the spouse's share of the inheritance in the event of death.
The deed is signed at a notary's office, and must be registered in the central file of last wills and testaments.
For example, in the case of children from the couple's union, with an inter-spousal gift, the spouse's rights will be extended, as desired, to :
- usufruct of the entire estate ;
- 1/4 full ownership and 3/4 usufruct
usufruct ;
- full ownership of the available portion of the estate (i.e. the portion not reserved for the children).

Cost of a change of regime
The cost depends on the size and nature of the movable or immovable assets making up your estate.

Stéphanie Swiklinski