un contrat de mariage est posé sur une table avec deux beaux stylos plume par dessus, illustrant le moment de la signature du contrat de mariage

Marriage Contract: Which One to Choose to Protect Your Common Future?

Getting married is a promise of a shared future. What if the most beautiful act of love was also to prepare for it calmly? Often perceived as a cold and administrative document, the marriage contract is actually a formidable tool at the service of the couple. It's the dialogue that allows you to define the financial rules of the game for your life together, to protect each other no matter what happens.

But between "community of property," "separation of property," and other legal terms, it's easy to feel lost. Don't panic. This guide is here to simply explain the major matrimonial regimes and help you find the one that's right for you.

The Default Regime: Community Reduced to Acquisitions

If you get married without signing a contract with a notary, this regime automatically applies. It is the most common in France.

The principle is simple: There are three “baskets”.

  • Your personal basket: Contains everything you owned before the marriage, as well as what you received through inheritance or gift during the marriage.
  • Your spouse's personal basket: Same.
  • The joint basket: Contains everything you earn and buy during the marriage (wages, real estate, etc.), even if only one of you financed the purchase.

Who is it for? It's a very balanced plan, perfect for most couples starting their life together and building their assets together.

Alternatives: Choosing a Tailor-Made Diet

If the default regime does not suit your situation, you can choose another by signing a contract with a notary before the marriage.

Separation of Property

  • The principle: This is the opposite of the default regime. There is no "common basket." Each party retains ownership of their assets, whether they were acquired before or during the marriage. If you buy a property together, you own them in proportion to your contribution (e.g., 60/40).
  • Who is it for? This is a very protective plan, often chosen by entrepreneurs (to protect their spouse from business debts) or couples who marry later in life and already have substantial personal assets.

The Universal Community

  • The principle: It is a total merger. All assets, whether acquired before or during the marriage (including inheritances), are placed in a single "common basket."
  • Who is it for? This is the most protective regime for the surviving spouse. Often chosen by older couples without children, it greatly simplifies inheritance.

Participation in Acquisitions (The Hybrid)

  • The principle: It's a clever mix of the two. During the marriage, everything works like a separation of property. But when the marriage dissolves (divorce or death), each party's wealth is calculated and shared equally.
  • For whom? For couples who want both the autonomy of separation of property and the solidarity of community.

Conclusion: An Essential Dialogue

Choosing your marriage contract is, above all, a conversation. It's the time to discuss your views on money, your plans, and how you want to protect each other.

There is no such thing as a "bad" diet. There's only one that's right (or wrong) for your situation. Take the time to talk about it and don't hesitate to consult a notary, who is the best advisor to guide you through this crucial decision.

Choosing your marriage contract is the first step in building your home. Once the foundations are laid, discover our guides to celebrating each anniversary of this beautiful adventure .

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