The term "marriage contract" may trigger the ire of the Puritans of the sacred union who see marriage as a synonym for ultimate sharing and trust. However, it may be important to consider the question before going to the Mayor and / or the Father.
The marriage contract sets the rules that allow to determine the ownership of property owned by the couple at their wedding day or it will acquire later. However, the conclusion of a marriage contract is not an obligation. If you decide not enter into any marriage contract, so you rely default legal regime (or community property of acquisitions): property and income derived (or debts) from the wedding will be common to both spouses ( except for personal property acquired by inheritance, gift or reuse).
Otherwise, three types of marriage contracts (which can be arranged) exist. Here's what to know before making an appointment with a notary.
Separation of property
Each spouse owns the property that they can justify the property. Examples: Madam purchases a vehicle in his name, it is therefore completely. If Mr opens a bank account in his own name, the money that is on this account will belong to one owner. However, if the spouses have a joint account, the money contained therein will be presumed to belong to each half.
Contract mariageSi one of the two spouses has a one day activity financially "at risk" (consultant, contractor, retailer ...), the contract protects the property and income of the other spouse who will not be sought if problems (bankruptcy, debt ...).
Spouses can integrate a system of community more or less extensive in the system by adding a "partnership of acquests".
The downside: Some people interpret this contract as a lack of trust in a spouse or acute pessimism. This is mainly responsibly and with foresight to establish a clear heritage to each spouse and avoid disputes over ownership of property upon divorce.
Participation in acquired property
This mixed diet mixture separation and community. It operates as a separate property during marriage is community and the dissolution of marriage (by divorce or death). By a complex calculation, the notary will then determine which of the two spouses is the most enriched during marriage and distribute these gains between spouses. Basically, the day of their marriage, each spouse had a heritage called "native heritage" and the date of the dissolution of their marriage, each has a "final heritage".
To determine which of the spouses is the most enriched during the marriage, after determining the consistency of their native heritage and the end, it makes the difference. A spouse who has the most rich will pay the other the equivalent in value to half of its "enrichment supplement" (this is to grant financial compensation to the spouse who s' is less enriched).
Interest: From a psychological standpoint, this arrangement may be an alternative to the separation of very pure and simple for couples to whom it is a problem of moral or ethical.
The downside: Complex and very widespread in France, this type of contract is generally concluded by pairs of people with very good command of law.
The universal community
All the couple's assets are community property, whether acquired before or after marriage, for consideration (purchase), by gift or inheritance. Ditto for the debts. In case of divorce or inheritance, this common heritage will be divided into two equal parts (except in special cases).
Interest: Mainly used by retired couples without children or unlikely to divorce and wanting to change their matrimonial regime, this type of contract will change all the common property if it was not the case. Spouses generally personalize their contract by including a clause called "award full", which is that upon the death of the first of them, don `t no estate is opened, the survivor automatically becomes the owner of all property of torque.
Under the provision of entire assignment, the couple's children do not inherit the deceased parent first and therefore do not benefit only once (the death of the second parent) of the reduction in direct line (156 974 EUR by parent and child present). They may pay inheritance tax higher.
This type of contract is not recommended in the case of a remarriage to a spouse who already has children from a previous marriage (they have the right to sue for retrenchment, the death of their parent remarried).
In any case, know that you depend on matrimonial regime is not irreversible and that you can change (2 years after marriage or the previous regime change) several times during your marriage but it can be very expensive. Example: if you got married without contract (community property of acquisitions) and want to spend thirty years under the separation of property for whatever reason (business creation ...), you will First liquidating your matrimonial regime prior to a notary to "start over" while the reverse change (change of separation of property under lawful) is much simpler and less expensive as the heritage of both spouses ( property and income) is already clearly defined and it is not necessary to conduct a liquidation (except in special cases).