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Ah, the wedding! The love, the flowers, the buffet... and the paperwork. Because yes, beyond the white dress and the DJ, there's a little administrative box that's often forgotten: the marriage contract .
We often hear that it's something for the rich, the distrustful, or those already planning a divorce. But in reality, this famous contract can be a real ally, even for the most passionate lovers. And believe it or not, it's not just for reality TV stars or castle owners.
In this article, we explain when (and why) it's a good idea to go through a notary before saying "I do." All without legal jargon, but with a few useful reminders.
Before even talking about money, we have to tell ourselves the truth: love stories are beautiful... a bit like a wedding dress on the big day. But breakups can be ugly. And that's not being pessimistic, it's just having a minimum of anticipation. A bit like taking an umbrella when the sky is gray.
So, in what cases is it REALLY relevant to make a marriage contract?
Spoiler: there's more than you think.
We're not necessarily talking about a mansion in Saint-Tropez, but an apartment, a plot of land, a business, or even that small studio bought on credit at the age of 25.
If you or your future spouse already own real estate or plan to purchase it after the wedding, it's best to define in advance what belongs to whom. A marriage contract allows you to spell this out in black and white, avoiding any confusion later on.
This also applies if you are about to receive an inheritance or a gift. It is best to keep this separate from the joint assets to avoid everything getting mixed up.
Are you starting your own business? Congratulations! But be careful, because without a marriage contract, your spouse could be held responsible for debts if you are under a community property regime .
A well-crafted contract can protect the other person in the event of a crisis. Because a married couple seeing their house seized because of their spouse's business debts can be a bit of a downer, admit it.
When love comes knocking at your door again after a first romance, it's wonderful. But if you have children, you have to think about them too.
Drawing up a contract allows you to preserve your share of the inheritance, while clearly organizing things with your new partner—whether you've donned a plus-size wedding dress or not. This is to prevent your children from finding themselves cohabiting jointly with their step-parent after your death. (Atmosphere guaranteed otherwise.)
Even when things are going well, it doesn't hurt to plan how things will be shared if, one day, things don't go well. That doesn't mean you don't believe in it, just that you're being forward-thinking. A bit like taking out insurance... except you hope you never have to use it.
You're almost convinced, but one question is burning your lips: which contract should you choose? Spoiler: there aren't fifty, but each type corresponds to a particular profile.
It is the preferred contract for the self-employed, business owners, and anyone who wants everyone to keep what they own .
With this contract, everything you earn or buy during the marriage belongs to you personally , unless you decide to buy it together. The same goes for debts: each owns their own.
The advantage? In the event of a separation, there's no need for endless calculations. Everyone leaves with what they have.
The downside? If one of you earns significantly more than the other, there's no financial solidarity. And that can be problematic if, for example, the wife or husband has put their career on hold to raise the children... or has devoted themselves to joint projects like wedding planning, even choosing the perfect backless wedding dress , without benefiting from financial security in return.
This contract is the great sharing. All property—before and during the marriage—is pooled . Whether you bought a house alone at 22 or won the lottery just before getting married, everything becomes part of the community.
It is often chosen by very close couples or by retirees who want to simplify the inheritance (in particular to avoid disinheriting the surviving spouse).
But be careful: if one gets into debt, the other is also affected. And that's less fun.
Yes, this is the default regime , the one you choose... without choosing it. In France, if you don't sign a marriage contract , you automatically fall under this regime.
It provides that everything you own before marriage remains personal , but everything you acquire afterwards (assets, income, debts, etc.) belongs to the community.
It's a pretty balanced compromise... unless you have atypical projects or specific situations.
Don't panic, it's not an obstacle course. In fact, it's actually quite simple.
Yes, there's no marriage contract without a quick visit to the notary. They're the only ones authorized to draft and register this type of document.
Much like the flowing wedding dress , it's there to keep everything sleek, clean and seamless.
Don't worry, he doesn't bite. And his role is precisely to explain to you what you're signing up for and the consequences. He can even guide you if you're undecided between several diets.
For the marriage contract to be valid, it must be signed before the wedding . Not on the day itself, not after. Before. At least 1 to 2 weeks before, ideally a month, so as not to rush it between the caterer and the flowers.
The notary is responsible for registering the contract in the central file of last wills and testaments (yes, that's what it's called), and for notifying the civil registry. You don't have to do anything.
And there you have it! You're married... and well organized.
Some situations deserve a little more attention. Here are some cases where the marriage contract is particularly relevant .
Marriage rules aren't the same everywhere. If you're moving abroad or are of different nationalities, it's even more important to choose a clear regime. The contract establishes which law will apply. Whether you're wearing an empire-line wedding dress or a traditional outfit, trust us, it's best to avoid three different jurisdictions fighting over who's right.
The marriage contract may contain tailor-made clauses to organize the transfer of assets , such as the famous pre-emption clause (which allows one of the spouses to take certain assets before the division in the event of death).
Again, this isn't creepy. It's just considerate . And it helps avoid unpleasant surprises for the surviving spouse.
Yes, it's possible! Whether you're wearing a Plus-Size Wedding Dress or not, you can change your marital status after two years of marriage (or even earlier in some cases). You just need to go through the notary, and sometimes ask the judge's approval if you have minor children.
Moral: it's not set in stone. But it's better to think about it beforehand ; it's simpler and less expensive.
Because we hear them (too) often, a quick point to dismantle the clichés.
No. It's a thing for forward-thinking people, regardless of their bank account. Whether you have 500 euros in savings or 5 apartments, it's your freedom to organize things clearly.
Ah, the famous phrase. Let's not kid ourselves: signing a contract isn't the most romantic moment. But it's not a deal breaker either. On the contrary, it's a testament to maturity , confidence, and the desire to build something solid.
And between us, nothing is sexier than a couple who knows where they're going.
No. It means we know that life isn't always a long, quiet river. And we prefer to row together in the same direction, even if one day the boat rocks. That's all, as you can see here .
So, in which cases should you draw up a marriage contract?
When you have property before marriage
When you are an entrepreneur
When you have children from a previous relationship
When you want to avoid unpleasant surprises in the event of a separation
When you want to protect your spouse (or yourself)
In short, almost every time , unless you're 100% sure that your situation is ultra-simple... and will remain so for life. (Which, let's be honest, is rare.)
The marriage contract is a bit like a discreet Plan B. It's there if needed, and lets you live your story peacefully without asking a thousand questions.
So, if you're getting married soon... why not discuss it together? With a coffee, a smile, and maybe a quick visit to the notary. Just in case.