French Civil Code

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.

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…