Changing your matrimonial property regime: the procedure, the time limits for objections, and the effective date

To change a matrimonial property regime, three conditions must be met: the best interests of the family, the consent of both spouses, and the involvement of a notary. Without objection, the court does not intervene. According to the information sheet on service-public.gouv.fr, the judicial court is only involved if an adult child, the representative of a protected adult child or a minor child under guardianship, or a creditor objects. Adult children and creditors have three months to object.

This page describes the procedure, timeframes, and costs indicated in the official documents. It does not cover:

• The official document does not mention the change of regime for a marriage celebrated abroad, nor the situation of non-residents; ;
• the refusal of one of the two spouses to sign; ;
• the taxation of the change of regime; ;
• the notary's fee schedule for properties valued at over €30,800; ;
• The existence of a possible minimum marriage waiting period: the information sheet does not mention any such period, and this page draws no conclusions from it. This point should be verified with a notary.

Why change your diet?

Spouses married without a prenuptial agreement are subject to the community property regime. The information sheet on service-public.gouv.fr regarding marriage without a prenuptial agreement specifies that they can freely change or modify their matrimonial property regime, provided they meet certain conditions, detailed below. The information sheet on the procedure presents the change as a way to modify the regime, for example, by establishing specific rules for certain assets, or by opting for another regime such as universal community property. The change is recorded in the margin of the marriage certificate.

Choosing a new plan is a topic in itself. This page focuses on the process, not on which plan to choose.

The three conditions

The document specifies that the notary advises the spouses and assesses the advantages of the new regime. He also ensures that the individuals concerned have been informed.

The procedure, step by step

The steps below follow the order presented in the information sheet. The sheet does not specify when the deed is signed in relation to the objection periods: this point should be confirmed with the notary.

1. The appointment with the notary

The notary advises the spouses, assesses the advantages of the new regime, and verifies its relevance to the family. If the conditions are met, the notary draws up the agreement in the form of an authentic instrument.

2. Informing the people concerned

The information sheets on service-public.gouv.fr and economie.gouv.fr both state the same three-month period for adult children. According to the service-public.gouv.fr information sheet, this period begins from the date the parents provide the information. It also indicates that the absence of any objection within this period constitutes tacit acceptance.

3. The signing of the deed

The couple signs the new marriage contract before a notary. Without objections, there is no need to go to court.

4. The notation in the margin of the marriage certificate

The change of matrimonial property regime must be recorded in the margin of the spouses' marriage certificate. The notary requests this from the registrar, according to the instructions.

If someone objects: court approval

The change is subject to court approval only if an objection is raised by an adult child, the representative of a protected adult child or a minor child under guardianship, or a creditor. In this case:

• the judicial court of the domicile is seized; ;
• Legal representation is mandatory; ;
• the judge examines the interests of the family and the potential harm to the creditors; ;
• He can gather the children's opinions, but he is not obliged to follow them.

If the marriage is approved, a notation of registration in the civil register is affixed to the birth certificate of each spouse.

Two special situations

Minor children. The notary verifies that their interests are protected. If he believes that serious harm is possible, he can refer the matter to the family court judge, acting as the judge responsible for the guardianship of minors.

A spouse subject to a legal protection measure (guardianship, curatorship, legal protection or family empowerment). According to the information sheet, one must first contact the judge of protection disputes, as the guardianship judge (or family council), then turn to the notary once the authorization has been obtained.

When the change takes effect

The document adds that in the absence of a marginal note, the change is enforceable against third parties if the spouses have declared it in the documents signed with them.

The cost

The information sheet on marriage contracts indicates that the cost depends on the planned changes, the composition of the assets, and their value. It lists the following items: advertising and procedural fees, notary fees, costs of liquidating the marital property regime, lawyer's fees in the event of court approval, and costs of informing creditors and adult children.

Only one figure is published: for assets up to €30,800, the notary's fee is fixed at €188.68 excluding VAT. Above that amount, it is proportional to the value of the assets. The service-public.gouv.fr information sheet on marriage contracts refers to articles A444-81 to A444-84-1 of the French Commercial Code. This page has not consulted these articles and does not provide figures for this fee schedule.

Numerical example (fictitious profile)

Situation. Marc and Sophie, married without a prenuptial agreement, jointly run a small business. They have two adult children and an outstanding business loan. They decide to change their matrimonial property regime. Assumption: the value of the assets listed in the agreement exceeds €30,800. The notary's fees are therefore proportional, and their amount is not calculated here. The dates below are also hypothetical.

Issue. They want to know from when the change can no longer be opposed by their adult children or their creditors, and from when it applies to their bank.

Strategy. They take the three 3-month deadlines indicated on the form and create a schedule with their notary:

• information for adult children by registered mail on 08/03/2027; ;
• publication of the notice to creditors on 15/03/2027; ;
• mention in the margin of the marriage certificate on 15/09/2027.

Result.

Between the entry in the margin and its effect on third parties, 91 days elapse. The later of the two objection periods ends on 15/06/2027.

This profile is fictitious. The dates and asset values are hypothetical. The calculation adds three calendar months to each date. The exact calculation method will be confirmed with the notary. These figures illustrate the calculation and do not guarantee your specific situation.

What changes depending on your situation

• The composition of your family Adult children, minor children, children under guardianship. Each category is not affected by the procedure in the same way.
• Your creditors : the publication of the notice opens a period of 3 months for objection.
• Legal protection for one of the spouses : guardianship, curatorship, safeguard of justice or family empowerment, with prior authorization from the judge of protection disputes.
• The value of the goods mentioned in the contract : it determines the notary's fee above €30,800.
• A marriage celebrated abroad or a residence outside of France The official document does not mention this. This point should be verified before initiating the procedure.
• The diet you are aiming for : it determines the content of the new marriage contract.

The rule depends on your situation. No results are guaranteed.