An English woman resident in the UK, plans to marry a French man living in France. The religious aspect of their ceremony is to take place in the UK whilst the civil part, is to be held in the French town where the man currently lives and where they plan to live, as a couple, after their marriage. This would mean that their marriage was subject to French law. Marriage under English law does not require a separate civil ceremony but under French law, as in this case, it does.
How then, does French law treat this marriage? This question has to be considered together with the options open to both spouses with regard the regulation of their matrimonial property. This is because in France, unlike in the UK, there are several options open to a married couple and to protect the interests of both parties, these options need to be looked at carefully. Whichever option the couple choose, it will be known as their “régime matrimonial”. It will be their regime, because it relates specifically to them. Specific details of any regime will vary from couple to couple and it is these details which will need to be agreed and signed off with a special deed known as a “contrat de marriage” or marriage contract. This must be signed before the marriage and in front of a French notaire. If a marriage contract is not signed in this way, it is deemed that a marriage contract does not exist and the default position of “communauté de biens réduites aux acquêts” will automatically be assumed. Communauté de biens réduites aux acquêts
Under this regime, all the assets owned by each partner before the marriage will remain his or her own property and any assets bought after the marriage will be treated as joint assets. Any income received by one spouse, after the marriage, is treated as joint income and any debts incurred are treated as joint debts. If a property is purchased after the marriage, it is also treated as a joint asset unless the spouse purchasing it can prove that he or she bought it using funds belonging to them personally, prior to the marriage, or unless the purchase is funded by the sale of a personal asset. Any immoveable property given to one of the spouses, or received through inheritance, after the marriage, remains the personal property of that spouse. To deal with any joint assets, property in particular, both spouses must be in agreement.
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