A MARRIAGE CONTRACT TO CHOOSE ITS MATRIMONIAL REGIME
In the absence of a marriage contract, your half and you will fall under the community-restricted regime. This regime is the most common since it is automatic and without any specific formalities. Clearly, this means that from the day you pass the ring finger, all the goods that enter your heritage belong to you equally. Only the goods you inherit or give to you are personal. However, the fruits of these goods fall into the common domain. For example, if you inherited a studio and rent it, in the event of a divorce , you owe half of the money to your ex-husband. Which also means that in case of financial problems, the creditors can use in the common pot. They can sell the marital home to recover the money you owe them.
WHAT CONTRACT OF MARRIAGE IS MADE FOR YOU?
The marriage contract should therefore be considered as a way to protect you from unexpected events. Better to take the lead in choosing the matrimonial regime best suited to your needs. Do not forget to rate it on your wedding retroplan!
- Separation of property
With this scheme, each spouse retains his own wealth (for property acquired before and after marriage). Each one is also responsible for the debts contracted with the exception of those which concern the expenses of the household or the children. Are you self-employed? A business creation project is preparing? The segregation of assets regime is better suited since it protects you from creditors. In the event of divorce or death, everyone keeps what belongs to them (property, investments, etc.) and property acquired jointly during the marriage is divided according to the contribution of each one at the time of the purchase.
- The regime of the universal community
All the property you own on the day of marriage and the property you acquire later (by inheritance, donation or bequest) will become part of the common heritage. The same is true for all existing and future debts. Generally, it is in retirement that married couples opt for this plan to protect each other in the event of death.
- Participation in acquests
As long as you and Mr. are married, this regime works like the separation of property. If you separate (or one of you dies), everything is divided by half. This plan may be suitable for you if you give up your career to take care of children. We therefore consider that you have contributed to the enrichment of your spouse. Which gives you the right to claim half of your wealth.
MARRIAGE CONTRACT: WHO SHOULD ATTEND?
The notary is the only professional authorized to draft a marriage contract. He is also responsible for explaining the different choices available to you. Depending on your preferences, he may insert in the marriage contract specific clauses to meet your needs. He will compose for you a "personalized" matrimonial regime. If you choose this option, a certificate of marriage contract will be issued by the notary. This document will be part of the file to be filed at the town hall for your civil marriage .
