Title V: Marriage contracts and matrimonial property regimes

Any changes made to matrimonial agreements before the marriage is celebrated must be recorded by a deed drawn up in the same form. No change or counter-letter is, moreover, valid without the simultaneous presence and consent of all the persons who were parties in the marriage contract, or their proxies. All changes and counter-letters, even if clothed in the forms prescribed by the preceding article, will be without effect with…

The spouses may agree, in the interests of the family, to modify their matrimonial property regime, or even change it entirely, by notarial deed. On pain of nullity, the notarial deed contains the liquidation of the modified matrimonial property regime if this is necessary. The persons who had been parties to the modified contract and the adult children of each spouse are informed personally of the intended change. Each of…

The provisions of the preceding article do not apply to agreements that are made by spouses who are divorcing with a view to liquidating their matrimonial property regime. Articles 265-2 and 1451 are applicable to these agreements.

Where the spouses designate the law applicable to their matrimonial property regime by virtue of the Convention on the Law Applicable to Matrimonial Property Regimes, done at The Hague on 14 March 1978, the provisions of Articles 1397-3 and 1397-4.

Where the designation of the applicable law is made before the marriage, the future spouses present to the civil registrar either the act by which they made this designation, or a certificate issued by the person competent to draw up this act. The certificate shall state the surnames and forenames of the future spouses, their place of residence, the date of the act of designation and the name, capacity and…

Where the designation of the applicable law is made during the marriage, that designation takes effect between the parties as from the drawing up of the instrument of designation and, as regards third parties, three months after the publicity formalities provided for in Article 1397-3 have been completed. However, in the absence of completion of these formalities, the designation of the applicable law may be relied on as against third…

Where a change to the matrimonial property regime occurs by application of a foreign law governing the effects of the union, the spouses shall carry out the publicity formalities provided for in the Code of Civil Procedure. .

The change of matrimonial property regime takes effect between the parties from the date of the decision or deed providing for it and, with regard to third parties, three months after the publicity formalities provided for in Article 1397-5 have been completed. However, if these formalities have not been carried out, the change of matrimonial property regime may be relied on as against third parties if, in the acts concluded…

A minor who is capable of contracting marriage is capable of consenting to all agreements of which that contract is susceptible, and agreements and donations made by him are valid, provided that he was assisted in the contract by the persons whose consent is required for the validity of the marriage. If matrimonial agreements have been made without such assistance, their annulment may be requested by the minor or by…

An adult under guardianship or curatorship may not enter into matrimonial agreements without being assisted in the contract by his or her guardian or curator. Failing such assistance, the annulment of the agreements may be pursued within the year of the marriage, either by the protected person himself or herself, or by those whose consent was required, or by the guardian or curator. However, the person in charge of the…