The marriage contract must be chosen according to the departure situation of the future spouses, their desire for heritage, and their professional constraints. Most of the bride and grooms do not sign and it is then the regime of the reduced community to the acquests that applies. Which one to choose? Small point on the question.
(Update of March 4, 2022). The majority of French people choose to get married without a marriage contract. Consequently, it is the regime of the community reduced to the acquests which applies to their marriage. This means that each spouse remains the only owner, personally, of the goods which belonged to him before the marriage. The goods acquired during marriage, for their part, constitute the common heritage of the bride and groom. To benefit from another matrimonial regime, it is necessary to Contract a marriage contract before a notary.
Why do a marriage contract?
The signing of a marriage contract before marriage is not compulsory but highly recommended in certain cases. Thus the community regime reduced to acquests is not the ideal regime If you have bought or created your company After your wedding whether you are a merchant, craftsman or business manager. It then becomes a part of the community which means that all the common goods can make it possible to reimburse professional debts and that the member of the couple who is not involved in this activity can, indirectly, be responsible for the debts of the other. The most suitable matrimonial regime in this case, to protect itself, is therefore The regime of separation of goods. This regime is as often more indicated than that of the community reduced to acquests If you have children born from a previous union Or if you have a good acquired thanks to a credit before your marriage. Same thing for people who have benefited from a succession and who wish to preserve their goods in the event of a break.
The regime of the separation of goods
The marriage contract known as “separation of outright property” consists for the two spouses to maintain a separate heritage. All the goods acquired by one or the other of the spouses during the marriage belong to him personally: these are goods specific to each spouse. In this sense, only debts linked to family expenses such as housing charges are supported by the spouses in a solidarity manner. In the event of separation, each spouse resumes their own property. This type of contract is, in practice, concluded by married couples in which one of the two spouses exercises a risk activity for example. It allows the other spouse to be protected financially.
The universal community regime
As part of a marriage contract providing for a universal community, the spouses only have a common heritage which brings together all the goods held by each spouse before marriage and those they acquire during the marriage. Any act carried out on one of the property of the community thus requires the agreement of the two spouses. This type of marriage contract is generally concluded by elderly spouses who decide to prepare for their succession or by young couples who build their future in common, without particular history.
The Participation Regime in Acquests
This type of marriage contract mixes both property separation regime and community. During the marriage, each spouse is the sole owner of the goods he acquires. In the event of separation, the notary assesses the enrichment of each spouse during their union and shares the goods in a fair manner so that no spouse is injured at the end of the marriage.
You have no steps to take to benefit from the regime of the reduced community to acquests. On the other hand, if you want to opt for another matrimonial regime, you must have a marriage contract written. The community regime reduced to acquests ends in the event of a change in marriage contract and in the event of divorce.
What is the price of a marriage contract?
The cost of drafting a marriage contract includes the notary’s emoluments, procedural and advertising costs such as the request for civil act and the authentic copy of the act and a fixed right of registration of 125 euros. On average, the price of a marriage contract is between 350 and 500 euros But sometimes you have to provide additional costs if you wish to develop your marriage contract by adding specific clauses requiring additional work to the notary.
