Title V: Marriage contracts and matrimonial property regimes

The law governs conjugal association, as regards property, only in the absence of special agreements which the spouses may make as they see fit, provided that they are not contrary to good morals or to the following provisions.

When the divorce is granted, if debts or sureties have been granted by the spouses, jointly or severally, in connection with the management of a business, the court may decide to make the spouse who retains the professional assets or, failing that, the professional qualification that served as the basis for the business, bear the sole burden of such debts or sureties.

The spouses may not derogate from the duties or rights resulting for them from the marriage, or from the rules of parental authority, legal administration and guardianship.

Without prejudice to gifts which may be made in the forms and in the cases determined by this Code, the spouses may not make any agreement or renunciation the object of which would be to change the legal order of succession.

They may, however, stipulate that on the dissolution of the marriage by the death of one of them, the surviving spouse shall have the option of acquiring or, as the case may be, having attributed to him or her in the partition certain personal property of the predeceased, on condition that it is taken into account in the estate, according to the value it has on the day on which…

The marriage contract must determine the assets to which the option stipulated in favour of the survivor will apply. It may lay down bases of valuation and terms of payment, except for the reduction in favour of the heirs reserving rights if there is an indirect advantage. In view of these clauses and failing agreement between the parties, the value of the property will be determined by the judicial court.

The option open to the survivor lapses if he has not exercised it, by notification to the heirs of the predeceased, within one month of the day on which they have given him formal notice to take sides. Such formal notice may not be given before the expiry of the period provided for in article 792. When made within this period, the notification constitutes a sale on the day the…

The spouses may declare, in a general manner, that they intend to marry under one of the regimes provided for in this Code. In the absence of special stipulations that derogate from or modify the community regime, the rules established in the first part of Chapter II shall form the common law of France.

All matrimonial agreements shall be drawn up by deed before a notary, in the presence and with the simultaneous consent of all the persons who are parties thereto or their proxies. When the contract is signed, the notary shall issue the parties with a certificate on plain paper and free of charge, stating his name and place of residence, the surnames, forenames, qualities and residences of the future spouses, and…

Matrimonial agreements must be drawn up before the marriage is celebrated and can only take effect on the day of that celebration.