By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
France permits prenuptial agreements, but they must be executed before a notaire, who has a legal duty to advise the parties. The French Civil Code (Articles 1387 et seq.) requires couples to select one of the régimes matrimoniaux, such as:
● Séparation de biens (separate property),
● Participation aux acquêts, or
● One of the statutory community-property regimes.
While the chosen regime may be customized, modifications cannot conflict with France’s mandatory “primary regime” rules governing spousal rights and obligations.
There is no duty to disclose assets or debts prior to signing a French marriage contract. Once executed before the notaire, the agreement is presented to the registrar at the wedding, binding third parties and becoming operative under French law. If no agreement is executed, the default communauté légale applies.
Our Global Practice Perspective
International family lawyer Elena Giannattasio frequently advises New York- and San Francisco–based clients with French ties, coordinating with French notaries to ensure that French marriage contracts operate coherently within a global estate and asset-protection plan.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in French and does not advise on French Law. All information is provided strictly for general educational purposes and is not legal advice.