international family law
Specific provisions related to prenuptial agreements are outlined in the French Civil Code. See Code civil (C. civ.), Articles 1387 and following.
Although prenuptial agreements are allowed in France, couples do not have unlimited freedom to contract. Before getting married, both parties must appear together before a notaire and choose one of the régimes matrimoniaux (marital property regimes) provided by the Civil Code. These options include various forms of community property as well as separate property arrangements such as séparation de biens and participation aux acquêts.
While the selected regime can be customized to meet the couple’s specific needs, any modifications must respect public policy constraints. In addition, there are several mandatory “primary regime” rules concerning the rights and obligations between spouses that cannot be changed by contract.
If the parties do not sign a prenuptial agreement, the default regime—communauté légale (legal community property)—will automatically apply to govern their marital property relations.
French law does not require either party to disclose their assets or debts before signing a prenuptial agreement. Typically, a notaire will draft the agreement, advise both parties on its implications, and then file it with the civil registrar at the time of the wedding. Once registered, the agreement becomes enforceable against third parties.