France Forum

Samurai
Joined 2009
Posts: 1

14 years ago

France Forum – 4 French Marriage Regimes & Hague Convention on the law applicable to matrimonial property regimes / Swiss marriage contract

14 years ago

I was told that France is a member of the Hague convention and therefore the Hague Convention on the law applicable to matrimonial property regimes applies in France, i.e. France honours the provisions of this the Hague Convention on the law applicable to matrimonial property regimes. My question is whether France would recognise a post-nuptial (after being married for 4 years) Swiss marriage agreement that is Universal Community of Property, should there be a divorce application in France on the basis of habitual residence in France. The marriage contract has been signed by a British couple that is resident of Switzerland.
There are four marriage regimes in France:
? Communauté réduite aux acquêts (Community of property regime)
All assets and income acquired and saved during the marriage are common property to the spouses regardless of the name in which they were acquired, apart from assets obtained by inheritance of gift, which remain personal. This regime applies to the majority of couples marrying in France since spouses who do not enter into a marriage contract fall under this community of property regime. However this ‘default regime’ does not apply in some circumstances, eg where the first residence of the couple was a foreign country (Hague Convention, 14 March 1978 ratified by France but not the UK).
? Communauté universelle (Universal community of property)
This creates a total merging of the spouses’ respective assets whatever the date or however they were acquired, including gifts or inheritance.
? Séparation de biens (Separation of assets)
? Participation aux acquêts (sharing of acquired assets)

Thank you very much in advance.

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