Expatriation and marriage: avoid the legal pitfalls!

A marriage contract: an essential precaution

Before moving abroad, we strongly advise you to draw up a marriage contract with the help of your notary. This document clearly defines the applicable regime and avoids unforeseen changes that could affect your property rights.

Understanding your matrimonial property regime

The matrimonial property regime sets out the rules governing the management of the spouses' assets, both between themselves and with third parties. In France, there are several options:

• communauté réduite aux acquêts (default matrimonial property regime in the absence of a contract)
• separation of property
• Participation aux acquêts
• Universal community

In the absence of a marriage contract, the spouses are automatically subject to the community of acquests regime, unless expatriation changes this rule.

Expatriation: what are the consequences for your matrimonial property regime?

• If you have a marriage contract, your matrimonial property regime will remain unchanged, provided you have specified the applicable law in your contract.
• Without a contract, the situation can be much more complex.

For marriages celebrated between September 1, 1992 and January 28, 2019, the applicable law depends on the first place of common habitual residence after the marriage, according to the 1978 Hague Convention. Thus, if a couple married in France moves immediately after their union to Singapore, Lebanon or Japan, they will be subject to the regime of separation as to property in force in these countries, and not to the French regime.
In addition, this convention stipulates that if a couple resides for 10 consecutive years in the same country, their matrimonial property regime is automatically adapted to local laws (principle of mutability).
As of January 28, 2019, the European Regulation of June 24, 2016 applies, stabilizing the matrimonial property regime by abolishing automatic mutability. The first common residence remains decisive, but the regime no longer changes over time.

Change of law possible during marriage

Article 6 of the Hague Convention allows spouses to change the law applicable to their matrimonial property regime after their union, under certain conditions. This possibility can be a lever for securing their assets in line with their life course.