French Civil Code
In forceThe 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 them may object to the modification within three months. In the case of a minor child under guardianship or a child of full age subject to a legal protection measure, the information is delivered to his or her representative, who acts without the prior authorisation of the family council or guardianship judge.
Creditors are informed of the proposed change by publication of a notice in a medium authorised to receive legal notices in the department in which the spouses are domiciled. Each of them may object to the modification within three months of publication.
In the event of an objection, the notarial deed is subject to homologation by the court of the spouses' domicile. The application and the homologation decision are published under the conditions and under the sanctions provided for in the Code of Civil Procedure.
Where either spouse has minor children under legal administration, the notary may refer the matter to the guardianship judge under the conditions provided for in the second paragraph of Article 387-3.
The change takes effect between the parties on the date of the act or judgment providing for it and, with regard to third parties, three months after mention of it has been made in the margin of the marriage record. However, even in the absence of such mention, the change is no less enforceable against third parties if, in the deeds executed with them, the spouses have declared that they have changed their matrimonial property regime.
Where either spouse is subject to a legal protection measure under the conditions provided for in Title XI of Book I, the change or modification of the matrimonial property regime is subject to the prior authorisation of the guardianship judge or the family council if it has been constituted.
A mention of the modification is made on the minute of the modified marriage contract.
Unopposed creditors, if their rights have been defrauded, may challenge the change of matrimonial property regime under the conditions of Article 1341-2.
The detailed rules for the application of this article shall be determined by decree in the Conseil d'Etat.
