Brexit: an opportunity to optimize your matrimonial property regime!

29 janvier 2018

You have been living with your spouse in the United Kingdom and you are thinking about coming back to France… And what if you took advantage of the opportunity to reconsider the organization and transmission of your wealth at a minimum cost for the purposes of future transmissions or to better protect your spouse?

The return to France of a French married couple without a marriage contract and who were residing previously in the United Kingdom may be an opportunity to consider their matrimonial property regime.

Provided that it is done in time, before actually returning to France, careful consideration could help adapt the couple’s matrimonial regime to achieve the desired outcome (better protection for the spouse, separation of assets…) and avoid the French legal procedure required for changes to the matrimonial regime.

It could be possible to avoid:

  • The requirement of a notarial deed to draft the marriage contracts;
  • Compliance with a judicial approval procedure of marriage contracts particularly with minor children;
  • The requirement for advance notification to the couple’s major children;
  • The waiting for period of two years after marriage to change the matrimonial regime.

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