In France, prenuptial agreements are governed by the French Civil Code (Code Civil). The Civil Code includes a number of provisions that regulate marital agreements, which includes prenuptial agreements.
These agreements allow couples to define the regime of their assets before marriage, offering an alternative to the default regime of community property (régime de la communauté réduite aux acquêts) that applies in the absence of a prenuptial agreement. Key aspects of the French Civil Code concerning prenuptial agreements include:
- Contractual Freedom within Marriage: The French Civil Code allows couples significant freedom to organise their matrimonial regime through a prenuptial agreement. This can be done before the marriage takes place and involves specifying how assets and liabilities will be managed during the marriage and in the event of its dissolution.
- Notarisation: For a prenuptial agreement to be valid in France, it must be formally drawn up by a notary (notaire). The notary ensures that the agreement complies with French law and that both parties understand their rights and obligations. The notarised agreement is then registered.
- Modification Post-Marriage: The French Civil Code also allows for the modification of matrimonial regimes, including prenuptial agreements, after marriage. However, this requires judicial approval, and the interests of third parties must be taken into account.
- Types of Matrimonial Regimes: Couples can choose from several types of matrimonial regimes, including community of property (communauté de biens), separation of property (séparation de biens), and participation in acquisitions (participation aux acquêts), each with its own rules for managing property during the marriage and upon its dissolution.
- International Considerations: For international couples, or when assets are located in different countries, France's participation in various international agreements and EU regulations, such as the EU Regulation 2016/1103 on matrimonial property regimes, may also affect the recognition and enforcement of prenuptial agreements across borders.
