FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
• the consequences of professional choices made by one of the spouses during the marriage to perform child-rearing – and the time still needed therefor – or to prioritise the career of their partner at the expense of their own; • the estimated or foreseeable assets of the spouses, both in capital and income, after the liquidation of the matrimonial regime; • their existing and foreseeable rights; and • their respective situations regarding retire - ment pensions. As for alimony, French law does not provide for any specific calculation, and the determination of the amount is left to the discretion of the fam - ily court judge. 2.5 Prenuptial and Postnuptial Agreements French Marriage Contract: Conditions and Purpose Under French law, marriage contracts are sub - ject to strict formalities. To avoid nullity, they must be executed as notarial deeds (Article 1394, al 1, Civil Code). Additionally, the contract must be finalised prior to the marriage ceremo - ny, and both parties must provide simultaneous consent, as separate signing dates render the contract invalid. French law does not require the parties to obtain independent legal advice or disclose financial information. The absence of such formalities can complicate the recognition of French marriage contracts in Common Law jurisdictions where these requirements are standard. Unlike prenuptial agreements in some foreign jurisdictions, French marriage contracts cannot predefine financial or spousal support arrange - ments in the event of divorce. Their primary pur -
pose is to allow spouses to choose or tailor a matrimonial property regime. Without a contract, the couple is automatically subject to the default regime of community of property. Recognition of Foreign Prenuptial and Postnuptial Agreements in France Marriage contracts validly executed under for - eign laws are recognised in France under inter - national public policy principles. However, not all clauses are enforceable. Non-financial clauses that contravene French public policy, such as stipulations imposing con - ditions for divorce, may be invalidated. Conversely, financial clauses – such as pre- agreed spousal support amounts or waivers – might be recognised under specific condi - tions, even though they are impermissible under French law. To be enforceable, such provisions must comply with the governing law chosen by the spouses (Article 8(1), Hague Protocol). Moreover, the habitual residence of the maintenance creditor governs whether a waiver of maintenance is per - missible (Article 8(4), Hague Protocol). Courts may disregard the chosen law if its appli - cation leads to “manifestly inequitable or unrea - sonable consequences” (Article 8(5), Hague Pro - tocol) or if it contravenes French international public policy (Article 13, Hague Protocol). For instance, the French Court of Cassation invali - dated a German law waiver of spousal support, deeming it contrary to French public policy (Civ 1re, 8 July 2015, No 14-17.880).
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