Signing a prenup does not mean being suspicious of each other. Rather, it means anticipating the future of your relationship. Stéphanie Swiklinski, a notary graduate, gives us some indications on the numerous possibilities offered by this legal organization of life together.
Without a contract, under which regime am I married?
When you want to get married, it is not necessary to draw up a marriage contract. It all depends on your financial situation, or just on your convictions in this matter. The wisest thing to do is to get advice from your notary before making a decision. In the absence of a marriage contract, you will be married under the legal regime of community of property reduced to acquests. This matrimonial regime applies automatically, without any formality. It is a set of basic rules applicable to everyone, in the absence of other provisions. Its operation is simple. Each spouse has his or her own patrimony, composed of the assets he or she had before the marriage and those received by donation or inheritance during the marriage. The common patrimony is made up of the goods bought during the marriage. Each spouse has equal rights. He or she will receive half of the property in the event of a division (divorce or death).
Which matrimonial regime should I choose?
If you are not tempted by the legal regime of community of property reduced to acquests, you will have to draw up a marriage contract. To do this, you must sign this contract with your notary before the celebration of your union at the town hall. He or she will give you a certificate specifying the date of the contract and the regime adopted. This professional will advise you on the different options available, depending on your family and professional situation: separation of property, participation in acquests, universal community, or even a legal regime with adjustments. He or she will draw up a "made-to-measure" marriage contract for you, inserting personalized clauses. For example, the preemption clause which authorizes the surviving spouse to choose an asset in preference to the other heirs.
Thus, if you exercise a profession known as "risky" as a company manager or a craftsman for example, you will be advised to adopt a regime of separation of property in order not to make "interferences" between your professional and personal assets.If you wish to remain independent while ensuring mutual protection, the regime of participation in acquests could be your solution. This hybrid regime functions as a separation of property during the marriage and as a community regime at the time of its dissolution. Each situation is unique and deserves to be considered!
Is it possible to change matrimonial regimes during one's life?
Since the law of March 23, 2019, you no longer have to wait two years of marriage before you can change your matrimonial regime. This allows for more flexibility in case of personal or professional changes. Some people may wish to simply change their matrimonial regime, while others may wish to make a more radical change, from a community regime to a separatist regime. 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 family's best interests. He or she must also evaluate the advantages of the new regime. 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 the change of regime. In case of opposition from them, it will be obligatory to obtain a judicial homologation.
Stéphanie Swiklinski.