It’s easy to change a matrimonial regime!
The matrimonial regime is the set of legal rules applied to the heritage of the spouses. Are you already married? It’s possible to change your matrimonial regime, at any given time!
Change of matrimonial regime: how does it make an impact on couples?
The essential contribution of the law dated 23 June 2006 marks the disappearance of judicial approval for couples without children and for couples whose children are of legal age.
Change of matrimonial regime in the absence of a child
The spouses must apply to a notary. It shall then suffice to sign the contract which contains the opting of a new matrimonial regime. Advertising formalities are handled by the notary.
Change of matrimonial regime in the presence of one or more adult children
Each of the children must be personally informed of the planned regime change. Two situations can take place:
- Either the children do not object within 3 months and the change of matrimonial regime becomes final.
- Either the children oppose the latter. In which case, it shall be necessary to obtain the approval of the change of the matrimonial regime, by the District court.
Change of matrimonial regime in the presence of minor children
Before the entry into force of the 2018-2022 programming and justice reform law, the agreement had to be approved in the presence of a minor child. From now on, judicial approval is no longer automatic in the presence of a minor child.
How much does a change of matrimonial regime cost?
The cost of the act depends on the situation of each couple and the reason for the change (simple clause or total change in regime).
At times, it is advisable to liquidate the previous matrimonial regime before opting for the new matrimonial regime. This is the case, for example, if the spouses switch from a regime of legal community reduced to acquisition, to a regime of separation of property. Thus, the cost shall vary depending on the composition and the value of the couple's assets .
Last but not least, if the judge’s approval is required, one will need to plan on paying a legal fees for a lawyer, as the latter’s presence is compulsory for any proceedings before the District court.
- I am French and I married a Brazilian. We live in Brazil and I go back and forth to France. I want to buy a property in France alone, can I do it without the intervention of my wife?
- I inherited a property during my marriage. I would like it to be included in the community of property existing between me and my wife. I do not want to make a change of diet. Is it possible to use a Property Investment Company?
- I am married under the separation of property regime and have two children. If I die, do my children inherit all my wealth?
- A husband dies leaving his spouse, father and two brothers. How will the estate be devolved in case of renunciation of the father?