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our suggestion – For foreign spouses married in France, the marriage regime may not apply in case of divorce, death or liquidation of assets. How can I avoid uncertainty?
It can be surprising when the institution of marriage changes without prior notice. “Most of the time we teach this to our clients during separation or death. For example, we explain to them that they are not governed by the community regime, but by the division of property””, explains Muriel Carpon, notary at Althémis in Paris. This is often a painful revelation in times of emotional crisis such as divorce or inheritance. To avoid these surprises, it is crucial to understand the impact of expatriates on the institution of marriage and to anticipate it.
In France, the marriage contract determines the marriage regime and the applicable law. If there is no contract, the couple is reduced to acquisition under the community legal system. Abroad, however, the situation is more complicated. “There is no marriage contract, and each country applies its own rules to determine the institution of marriage””, warns Muriel Capone. Moreover, the applicable regime depends on the date of the wedding. For weddings…
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