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You're getting married, congratulations! Or maybe you're already married and wondering if you chose the right contract. In either case, let's not beat around the bush: a prenup is like the pizza you share at football night – it's better to know who's getting what before things get out of hand.
And here comes the fateful question: which marriage contract is the most advantageous?
Well... it depends . Yes, it's a Norman answer, but we promise, we'll break it down so that it's clear, limpid and even a little funny.
Come on, let's get to the heart of the matter. And painlessly.
Before choosing, you need to understand what it's for. Because a marriage contract isn't just a sheet of paper to sign before going out and getting drunk on champagne.
It's a kind of Plan B, or even a flight plan, that keeps you from crashing in the event of marital turbulence. A bit like the Wedding Dress , which may seem like a symbol of eternal love, but sometimes quickly turns into a debate about the dishes.
The marriage contract allows you to define how your assets will be managed during the marriage , but also how they will be shared (or not) if one day you separate , or if something less joyful happens, such as a death.
Without a contract? You are automatically subject to a community property regime . And there, you share everything you acquired during the marriage , whether it's the house or the old Twingo.
But is that what you want? Maybe... or maybe not.
So we're going to review the options, and above all, tell you clearly which one may be the most advantageous depending on your situation. Spoiler: there's one that often comes out on top. But not always.
This is the standard , the “menu of the day” if you don’t sign anything at the notary.
Everything you buy or earn during the marriage is pooled. Your salaries, the house you bought together, the long-sleeved wedding dress you chose for the big day, and even your mortgage (yes, that's right). Everything belongs to both of you. However, what you owned before the wedding remains yours.
This is the “total merger” contract. Everything is shared. Absolutely everything. Even what you had before the wedding. The vintage watch you inherited from grandpa? Shared. The apartment you already had? Shared. Yes, even if you paid for it.
It's the financial version of the "fusional love" contract. But be careful, in the event of a separation... it stings a little.
This is the "each in their own home, and the cows will be well looked after" contract. With it, you each keep your assets on your own . Even the assets purchased during the marriage.
If you're buying a house together? No problem, you can do it jointly. But it's clearly noted who put in how much.
This contract is often chosen when one of the two has much more assets or children from a previous union . Or simply to keep things clear.
This one is the least known. And yet, it's clever.
During marriage, it's like a separation of property . Each person manages their own money. But in the event of divorce or death, the accounts are taken: if one has become much richer than the other, the difference is shared .
A kind of "sentimental income statement," you know. Not bad, right?
Okay, let's stop prolonging the suspense: there isn't ONE answer that works for everyone. But we can help you see things clearly based on your profile. Because, well, you don't choose a prenup the same way you choose a strapless wedding dress or a movie on Netflix.
You're just starting out in life, and none of you are as rich as Croesus? Community property may be a good option .
Everything you build together will be built together. A great way to build team spirit! And what if you get divorced? Everyone gets what they had before, and the rest is shared.
But be careful : if you're starting a business, this contract can be risky. Because debts can also be shared between two people...
There's no hesitation here. If you're a freelancer, trader, craftsman or boss of a start-up that will (perhaps) be worth billions: opt for separation of property .
Why? Because if your company goes bankrupt, your spouse won't be jointly and severally liable for the debts . And that's a hell of a safety net.
You can still buy things together (house, car), but by declaring them jointly.
Have you inherited a small apartment in Nice or a stock portfolio? Do you want to prevent it from becoming part of the community? Once again, separation of property .
This is the prudent choice , especially if you have children from a previous marriage, or if your family wants the inheritance to remain “in the line”.
Here we come to a very specific case: you are getting married or remarried late, perhaps even in a winter wedding dress , and you want your spouse to get everything back without fighting with your heirs?
The winning combination is: universal community + full survivorship clause . The result? Upon your death, everything goes directly to your spouse, without going through the "sharing" box.
Please note: this arrangement may deprive your children of immediate inheritance , so it should be used when it is desired and considered. And you will have to go through a notary , of course.
Are you a bit in between: you love your financial independence, but find that keeping it all to yourself isn't very romantic?
The contract of participation in acquisitions can be a good compromise .
During the marriage, you manage your money as you see fit. But if one day it ends, you settle the accounts, and the one who has become richer compensates the other . This is “fairer” than a pure and simple separation of property, without going so far as to merge everything.
The rules change if you get married abroad. The location of your first marital home can influence the applicable regime . Sometimes, even if you are French, local law applies. A good notary will be able to guide you.
Even under the separation of property regime, you can buy together—whether it's a house, a car, or even a satin wedding dress . Just specify who's putting in what, and in what proportions. Otherwise, beware of surprises if you separate.
Good news: it's possible ! You're not married to your marriage contract... well, not for life.
After at least two years of marriage (or current contract), you can change it. You just have to go through a notary, and sometimes ask for the judge's approval if you have minor children.
It's a bit like a legal update on your relationship.
And here's the real truth: the best deal is the one that fits YOUR situation. Not your cousin's, nor the one recommended on some obscure forum at 3 a.m.
Are you young and without assets? Community.
Entrepreneur? Separation.
Senior Remarriage? Universal Community.
Are you hesitating between independence and equity? Participation in acquisitions.
The most important thing is to ask the right questions together , to discuss them frankly, and not to be afraid to go see a notary to see things clearly.
After all, a prenup is a bit like a plus-size wedding dress : it doesn't make the wedding itself, but it allows you to be comfortable and well-prepared for the big day—just like a couple's GPS keeps you from getting lost along the way.
There's no magic contract, no one-size-fits-all formula. But with a little thought (and a good lawyer), you can choose the contract that protects you both , without ruining the romance.
And remember: love is beautiful… but with a good contract, it’s even better