When two people marry, this indicates that they choose a set of rules regarding the ownership and management of the existing couple’s entire estate on the day of their wedding and to come. It is therefore a question of choosing a matrimonial regime.
Failing that, the French Civil Code in fact provides a legal framework for the community of property reduced to acquests, where all the property to be acquired when the spouses marry, including earnings and wages, will have a common character, unless they come from an estate or a gift. At the same time, the debt subscribed by one spouse will incur all common property.
This legal framework, if it meets the expectations of most future spouses, may seem inappropriate once the future spouses become aware of a particular professional, family or patrimonial situation.
In this case, Guesclin Notary Office can suggest a more appropriate framework for your situation. The notary is indeed the only person authorised to draw up a marriage contract.
We can therefore guide spouses towards a so-called separatist regime in which nothing will be common, or towards a hybrid regime allowing for separatist logic during marriage but allowing for a balanced distribution at the end of the regime, such as the community of property regime, or towards regimes tending to more community, which can even include universal community.
Please note that the choice of the matrimonial regime and the signing of a possible contract must be carried out before the wedding ceremony.
Change of matrimonial regime
During the marriage, the chosen matrimonial regime, often by default, may be unsuited to a new family or employment situation affecting one of the spouses. If so, there is scope to change the matrimonial regime. This can either be a wholesale reassessment of the first contract or simply an adaptation of the regime by adding clauses.
Note that this change is subject to the following conditions:
- Two years must have passed since the wedding or since the previous change in the matrimonial regime;
- It must be in the interests of the family rather than a desire to defraud the rights of creditors for example.
It should be noted that the deed containing a change of matrimonial regime will be:
- subject to review by the Judge in the presence of minors;
- subject to disclosure formalities allowing third parties to take note of the change (various statements in the civil registry, or publication in a journal of legal notices etc.).
Here, too, only the notary can draft and sign a change of matrimonial regime.
Like marriage, civil partnerships structure, in a less formal way, the common life of two people.
The notary is the main point of contact who establishes your agreement and takes care of the formalities with the registers of the civil registry. The civil partnership contract takes effect between the parties on signature and is enforceable against third parties on completion of the formalities.
While the implementation of a civil partnership contract is an important step, it does not, however, guarantee the surviving partner inheritance rights in the event of death. With this in mind, the signing of a civil partnership contract must be combined with the writing of a will. Guesclin Notary Office is on hand for this.
Mandat de protection future (equivalent to lasting power of attorney)
An innovation of the law of 5 March, 2007, the French lasting power of attorney lets you protect yourself or your disabled child, by choosing which individual will manage your affairs when you can no longer do so yourself due to old age or illness.
Less impersonal than guardianship, this option provides tailor-made protection for vulnerable individuals and their estate. A legally capable person can immediately appoint the person who will manage his estate in case of future incapacity.
To establish this lasting power of attorney equivalent, an authenticated deed is essential to ensure it is traceable, preserved and legally incontestable as to effectiveness.
Divorce entails the end of a marriage and the liquidation of a matrimonial regime. This liquidation has legal and tax consequences.
In the context of a divorce, your notary will work with your lawyer to best protect your interests and your family.
Your notary will make sure to implement a liquidation deed of assets and provide for the distribution, taking into account the laws and your wishes.
Contact Guesclin Notary Office at the beginning of the procedure to anticipate any difficulties and the legal and tax consequences of your divorce.
Information sheet required for a divorce application
- Provide a copy of the marriage contract, if there is one.
- Communicate the name of the lawyer(s), the non-conciliation order (ONC).
- Property: Provide title deeds, loan amortisation schedules.
- Movable assets: Provide company statutes, vehicle registration documents.
- Business assets: Contact the accountant to establish the value of the company.
- Bank: Provide the bank details of all banks.
- Specify if gifts or inheritances have been received.
- Receivables and compensation: Present and justify any transfer between the personal estate of each person and the community under a community of property regime, or between the personal estate of each person and the joint ownership between spouses, so that your notary can determine the possible compensation or receivables between spouses.
- Administration account: Present and justify all expenses or receipts by each of the spouses made on behalf of the joint ownership between the date of dissolution of the regime and the date of divided enjoyment.