Pre-Nups in France?

Question

Are pre-nups really common in France? I'm getting married here in a few months and everyone seems to be pushing to get a pre-nup. My fiance's parents have one and they've been together 25 years.

I guess I just want to know if this is normal. My American side of me doesn't like it, but it seems to be a cultural difference.......

Answer 1

I agree with the two posts above, this is something that is cultural as well as legal. If you really don't want pre-nups you will automatically be under the 'communauté communauté réduite aux acquêts'. Everything you got before your marriage will stay yours as well as anything you receive as a donation or through a will. The rest is shared. There's more and you should look through them.

Millie is right in that it is not done for a future divorce but to help your life. For example if your husband or you have a risky job financially the separation des biens will forbid the creditors to go after everything you get and leave you with nothing.

My parents were married 50 years ago and have one.

Answer 2

The explanation above is a very good one. The marriage status by default is called "régime de la communauté d'acquêts". If you do not like it or think another one is better for you, you can then choose a different "régime" (there are a few to choose from). In this case, you will need to sign the contract before some sort of attorney called "notaire".

As said above, it is not only important in the case of a divorce, it impacts your responsibility in regards to debts and some 'régimes' are better than others for the self-employed for instance, others for couples without children. It also has an impact on how you are taxed, so it is definitely worth considering. Based on your personal case and your jobs, you and your fiancé should discuss which 'régime' is best for both of you. It is possible to change it later once you are married for at least 2 years. Here are the different 'régimes' possible:

http://www.pratique.fr/vieprat/fam/maria...

Do not feel offended that people might suggest to choose a contract, it is standard practice. Most Americans think of a pre-nup as in the event of a divorce, but in French law it is just a way of deciding what is in your best interest during your marriage and in the case one of the spouses die, it's not necessarily associated with the idea of divorce (although considering the divorce rate, it's always realistic to think of it as possibility!).

Answer 3

Yes they are common.

In France, assets owned prior to marriage usually remain individual property while those acquired after are held equally.

However,  couples can choose instead to retain completely separate estates. If the couple chooses to do this, the insolvency of one spouse will not enable his or her creditors to attack the assets of the other.

In other words, if one of you runs up a bunch of debts the creditors can't come after the other spouse's money.

So its not a cultural difference so much as a legal one.