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Antenuptial Agreement in French
Antenuptial Agreement in French: What You Need to Know
An antenuptial agreement, also known as a prenuptial agreement, is a legal document that outlines how a couple`s assets and financial affairs will be divided in the event of a divorce. In France, an antenuptial agreement is called a contrat de mariage. If you are planning to get married in France or with a French national, here is what you need to know about antenuptial agreements in French.
In France, a contrat de mariage is a legal requirement if you want to opt-out of the community of property regime. The community of property regime is the default matrimonial regime in France where assets acquired during the marriage are jointly owned by both spouses. An antenuptial agreement allows each spouse to keep their assets separate and protect them in case of a divorce.
Contents of the Antenuptial Agreement
A contrat de mariage must be signed before a notary and written in French. It should include the following:
– Identification of the spouses
– Description of each spouse`s assets and debts before the marriage
– Description of the assets that will remain separate or be jointly owned by the spouses
– Description of how the assets will be divided in case of divorce or death
– Agreement on alimony (if applicable)
– Agreement on the use of the family name (if applicable)
Types of Antenuptial Agreements
In France, there are three types of antenuptial agreements:
1. Separation of Property: This type of agreement allows each spouse to keep their assets separate. In case of a divorce, each spouse keeps their assets, and there is no sharing of assets acquired during the marriage.
2. Participation in Acquisitions: This type of agreement allows each spouse to keep their assets separate, but they also agree to share the value of assets acquired during the marriage. In case of a divorce, each spouse keeps their separate assets, but they also share the value of assets acquired during the marriage.
3. Universal Community: This type of agreement means that all assets, both before and during the marriage, are jointly owned by both spouses. In case of a divorce, each spouse gets half of all assets, regardless of who acquired them.
Why You Need an Antenuptial Agreement
An antenuptial agreement is not only for the wealthy. It can be beneficial for any couple, especially if one or both spouses own assets before the marriage or have children from a previous relationship. In case of a divorce, an antenuptial agreement can simplify the division of assets and prevent lengthy legal battles.
In conclusion, a contrat de mariage is a legal requirement in France if you want to opt-out of the community of property regime. It is a crucial document that outlines how assets and financial affairs will be divided in case of a divorce. If you are planning to get married in France or with a French national, consult with a notary to create an antenuptial agreement that suits your needs.