The matrimonial regime determines how property is owned and shared during the marriage, and above all how it is divided in case of divorce or death. Without a marriage contract signed at a notary, one regime applies automatically in France: community of acquests. Many couples only discover how it works at the point of a separation, when it is actually decided before the wedding.
Community of acquests (the default regime)
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Applies automatically if no contract is signed
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Property acquired before the marriage stays each spouse's own
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Property acquired during the marriage (salaries, joint purchases) belongs to both
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Property received through inheritance or gift stays personal, even during the marriage
Separation of property
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Each spouse remains the owner of what they acquire, before and during the marriage
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Particularly useful if one spouse runs an independent or higher-risk business activity
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Requires a marriage contract signed at a notary before the ceremony
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Can complicate splitting property that is genuinely shared (a primary residence bought together, for example)
Participation in acquests
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Works like separation of property during the marriage
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Upon dissolution, each spouse's gain during the union is compared and partly balanced out
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A hybrid regime, less common, often chosen to combine independence during the marriage with fairness upon separation
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Also requires a contract signed at a notary
When to consult a notary
A notary appointment is recommended as soon as the financial picture moves past the simplest case: a significant wealth gap between spouses, independent business activity, children from a previous relationship, real estate already owned before the marriage. The marriage contract must be signed before the ceremony; plan several weeks for the appointment and drafting the document.
What the contract does not cover
The matrimonial regime governs property ownership, but it does not replace a will for organizing inheritance, nor a civil partnership agreement for a couple who does not want to marry. These are separate legal tools, worth not confusing while preparing the wedding.
Disclaimer
Please be advised that the contents of this article are intended for general information purposes only and not professional advice. The information contained herein is for informational purposes only. Nothing herein shall be construed as legal, financial, or tax advice. The content reflects the opinions of the author and/or the Drakkar Software team. Drakkar Software does not guarantee any particular outcome.