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Well, yes, quite simply. You can very well say "yes" at the town hall, throw rice in cousin Marc's hair, and go on your honeymoon without having signed a single contract with a notary. But (because there's always a "but"), that doesn't mean you're without a safety net. In fact, when you don't sign anything, the law automatically puts on a notary's uniform and automatically slaps you with a contract: the legal regime , also called the community property regime .
Don't panic, we're going to demystify all that. And we promise, without using the jargon of the 1830 Civil Code.
When you get married, even with a beautiful wedding dress , without a detour to the notary, you are like those people who go hiking without reading the weather forecast. It may go well, but it is better to know where you are going.
In France, marriage without a contract automatically falls under the regime of community of property reduced to acquisitions . Yes, it sounds serious. But basically, what does that mean? That everything you buy after the marriage is yours. Even if it's Monsieur who pays for the sports car or Madame who invests in a small studio in Lille: it's yours , unless you prove that it was an inheritance or an asset acquired before the union.
So yes, you can get married without signing a contract. But it's not entirely without consequences.
We share the goods purchased during the marriage, the income, the savings made together. But also... the debts. And yes, household debts (we're not just talking about vacuum cleaners here) are binding on both parties. A washing machine, a family car, a home improvement loan: it's 50/50, even if one of the two snubs the bills.
Assets purchased before marriage, inheritances, gifts—these remain personal. Unless, of course, you turn them into joint property (for example, by putting your other half's name on the deed of purchase of an inherited apartment). Then it's like pouring your hot chocolate into your other half's bowl: it's a fusion... and irreversible.
Ah, the thrill. If you divorce without a prior contract, community property means you divide all property purchased after the marriage. And we're not talking about who gets to keep the cat. We're talking about money, real estate, investments. This is serious business.
If you have any separate assets, they will not be affected. But everything else, including the joint account where you paid your salaries, will have to be divided equally.
So why do some people sign a marriage contract? Because they want to choose their property regime. The contract is a bit like an à la carte menu: you can opt for separation of property, universal community of property, or even homemade arrangements. It's a bit like choosing a bohemian wedding dress over a classic one: it's a question of style, personality, and, above all, freedom of decision.
But if you don't sign anything, it's not illegal, it's not strange, it's not even uncommon. In fact, the majority of married couples don't have a marriage contract . They just follow the legal regime without worrying.
We often think that a marriage contract is for the wealthy, heirs, people who get married with three villas and a business in their pocket. But not at all. The contract can also protect a craftsman, a person in debt, or simply a couple who wants to clear things up from the start.
But hey, if you're the "we'll see" type, the law has provided for that.
Good news: yes. If you said "yes" to the town hall without a contract, there's nothing stopping you from going to a notary a few years later and saying, "Well, finally, we'd like to change our regime." It's entirely possible. You just need the agreement of both parties, and sometimes the opinion of a judge if children are involved.
Let's not kid ourselves: not signing a contract is comfortable. But there are times when it can backfire. Like:
If one of you has personal debts, even if they are not related to the couple, it can affect the joint assets.
If you start a business, bankruptcy can swallow up joint assets (and therefore those of your spouse).
If you inherit and mix everything into a joint account, what was yours alone can become shared property. Oops.
Many married couples buy their primary residence together. It's a bit like choosing a princess wedding dress together, dreaming of the big day. And without a contract, this purchase becomes part of the community. If one puts up 70% and the other 30%, the law doesn't care. It's fifty-fifty. Love is beautiful, isn't it?
But in the event of a separation, the one who put in the most money is likely to grind his teeth.
Ah, the case of expats. If you get married in France, the legal regime applies. But if you live abroad or are married at the embassy, it is sometimes the law of the host country that applies. And then, it can quickly become an administrative headache. So a word of advice: if you live elsewhere, find out, and quickly. More information here .
It's regulated, planned, and marked out. You don't set off on an adventure without a map. But what you don't do at the notary's office at the outset, the law does for you. With its own rules.
No contract? No immediate worries. But it's best to know what's involved to avoid unpleasant surprises if life gets a little less rosy.
For romantics who don't like to talk about money.
For those in a hurry who are planning a wedding in two weeks.
For those who don't have a lot of money (yet).
For those who trust French law.
But also :
For those who are unaware that a contract can prevent future conflicts.
For those who think love is enough to solve everything (it's cute, but no).
Here are some questions to ask yourself before skipping the notary:
Do any of us have debts?
Is one an entrepreneur?
Do we expect to inherit?
Are we buying real estate together?
Do we have an unequal distribution of income?
If you answered "yes" to one or more, a quick detour to the notary would not be a luxury.
Love (or the lack of it, for that matter).
Sharing the cake at the wedding.
Arguments over who does the dishes.
A contract doesn't make a relationship stronger. But it can prevent separation from being more painful.
So there you have it, you can absolutely get married without signing a contract. You won't go to jail, and the mayor won't ask for a notary's stamp. But this choice has concrete consequences for your financial life. It's a bit like ignoring the fine print on a subscription: everything's fine... until the day it stings.
And like anything related to a relationship, it's best to talk about it before it blows up. It's not very romantic, but frankly, it's healthier than fighting in front of a judge.