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Marriage contracts: the different legal forms
In the absence of a specific procedure, the spouses are married under the common law regime, called the legal community regime. There are several marriage contracts. It is advisable to consult the family notary before any procedure. Explanations
Marriage contract: “community reduced to acquests”
Establishing a contract has repercussions on the personal situation of each spouse, or the professional constraints of each married couple, such as those in the liberal profession for example.
Namely, if the bride and groom do not establish a marriage contract, it is the ” legal regime of the community reduced to acquests Which takes precedence. That is, everything you buy during your marriage is common, even if you pay for it alone. Designed for the general case, however, it finds its limits as soon as a particular family or patrimonial situation arises. This is particularly the case when the spouses exercise an independent profession entailing financial risks. We must then turn to another more suitable status.
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Marriage contract: “separation of property”
Another matrimonial regime, the “ straightforward separation of property regime Where nothing is shared. This matrimonial regime gives each spouse the right to differentiate what he has on the day of the marriage. But not only. All the goods, investments and what will bring back to him his inheritance, once married will remain his only property. This protects the patrimony of the spouses when one sees his professional life capsized, if he is a manager or on his own account.
Marriage contract: “participation in acquests”
There is also a matrimonial regime mixing separation and community, ” participation in acquisitions “. This regime allows a separation of property during the marriage and becomes communal at the end of the marriage. The notary measures the enrichment of each during the marriage and these gains are shared equally between the spouses.
Marriage contract: “universal community regime”
Finally, the ” universal community regime »Puts all the property of the spouses on the day of the marriage, plus those which they may subsequently acquire or collect by inheritance, gift or bequest, in a common mass. At the same time, the community will have to assume all the debts of the spouses, in the present and the future.