As you may have noticed, life is not always smooth. Between children from previous unions or a total change of profession, it may be wise to change your matrimonial regime. Stéphanie Swiklinski, a notary graduate, explains why.
What is the reason for changing the matrimonial regime?
There are many reasons that push couples to change their matrimonial regime. Indeed, the matrimonial regime chosen at the beginning can become unsuitable during the course of life. For some, a simple adjustment will be the solution. For others, it will be necessary to change the matrimonial regime from a community regime to a separatist regime or vice versa. The most frequent change is the passage to a universal community. This concerns mainly elderly couples. In this case, the spouse is optimally protected. With a universal community of property with a full attribution clause, the couple's children will only inherit at the second death.
Another scenario: your professional situation changes and you have decided to create your own company. In this case, it is advisable to adopt a separatist regime. This allows you to protect your spouse and your family's assets.
The cost of this change may stop your momentum. The community must first be liquidated in order to adopt the separation of property. Depending on the size of the estate, the cost can be high. Have your notary put a figure on this change of regime.
What are the conditions for doing so?
Since the law of March 23, 2019, you no longer have to wait two years of marriage before being able to change your matrimonial regime. This allows for more flexibility in case of personal or professional changes. However, certain specific conditions must be met. The consent of the spouses is obviously required. They must both agree. The initiative for the change must not come from one person alone.
It is also imperative to have recourse to a notary, from the outset, both to advise you on the appropriateness of the change from a patrimonial point of view and to verify that the interests of the family are respected.
The notary must also inform the couple's adult children and creditors who have the right to object to the change.
Once these verifications have been made, the notary can draw up the deed.
What is the procedure to follow?
Any change of matrimonial regime is carried out by notarial act. This deed will contain the liquidation of the previous regime, if the change is from community of property reduced to acquests, for example, to a separation of property.
The notary will obviously have to ensure that this change is made in the interest of the family as mentioned above.
Note: the judge's approval is no longer required for couples without children or with children of age.
A notification of the act signed by the spouses is sent to the adult children who have a three-month period to oppose this change of regime.
In case of opposition from them, it will be compulsory to obtain a judicial homologation.
Stéphanie SWIKLINSKI