FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
ing spouse to withdraw a common property before any inheritance division ( clause de préciput ) and a clause allowing complete allocation of assets to the survivor ( clause d’attribution intégrale ). In case of divorce, these “matrimonial advantag - es” are maintained if they took effect during the marriage but are automatically revoked if they were to take effect only upon marriage dissolu - tion (Article 265 of the Civil Code). Spouses can also modify separate regimes by changing the rules regarding claims or by creat - ing a limited community enclave for one or more assets ( société d’acquêts ). Foreign matrimonial regimes Spouses may be subject to a foreign matrimonial property regime either by default or by choice. When there is no marriage contract, the law gov - erning the matrimonial property regime depends on the date of marriage. • Before 1 September 1992: The applicable law is based on the spouses’ common intent, determined explicitly or implicitly (eg, first common residence or other relevant connec - tions); • Between 1 September 1992 and 28 January 2019: The Hague Convention applies. The law of the first habitual residence after marriage governs, followed by the common nationality or closest connection. The law could change automatically due to relocation or prolonged residence abroad. • On or after 29 January 2019: The EU Matri - monial Property Regulation governs, applying the same hierarchy – first habitual residence, common nationality, closest connection.
French marriage contracts may also permit the selection of a foreign matrimonial regime by choosing a foreign applicable law (EU Regu - lation No 2016/1103, Article 22). However, the choice is limited to the law of the country where at least one spouse holds nationality or resides habitually at the time of the choice. Such choices must not conflict with French international public policy. Changing matrimonial regime during the union Couples may change their matrimonial regime during the marriage (Article 1397, Civil Code). This change requires a notarial deed and, where necessary, the liquidation of the previous regime to ensure validity. The change must serve the family’s interests and applies prospectively. A change in the matrimonial regime may also result from applying a new applicable law during the marriage, as permitted under EU Regulation No 2016/1103. In France, such modifications must be executed via a notarial deed. While typically prospective, spouses may agree to retroactive application back to the date of their marriage. Disclosure of Assets Information obligation on spouses An information obligation rests upon the spous - es, who are generally required to provide the judge with “all information and documents nec - essary to determine benefits and pensions and to liquidate the matrimonial regime” (Article 259- 3 of the Civil Code). The spouses are obligated to substantiate their assets and financial status, as requested by the judge, not only with “income statements, tax notices, and fiscal situation documents” but also with “supporting documents related to their
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