5 Tips Before Drafting a Prenuptial Agreement

To avoid any unpleasant surprises in your prenuptial agreement, here are a few tips to follow.

Marriage means making a commitment to one another. While at City Hall the spouses pledge to show each other respect, fidelity, support, and assistance, it is the matrimonial property regime that establishes the rules governing the spouses’ financial relationship.

A prenuptial agreement signed by the soon-to-be spouses before the wedding allows them to precisely define the spouses’ property relations during the marriage, the disposition of assets, the benefits granted to the spouses, and their professional obligations.

Customized provisions may be included in the marriage contract; for example, to allow the surviving spouse, in the event of the other spouse’s death, to choose a specific asset in preference to the other heirs. If, in the future, the spouses wish to amend the contract, the law provides for that possibility.

1. Understand the mandatory primary regime: These are the basic rules that apply to all married couples. They cover areas such as property management and the rights and obligations of spouses. Make sure you fully understand these rules before entering into a prenuptial agreement.
 

2. Choose the right matrimonial property regime: If you marry without a prenuptial agreement, you will be subject to the statutory community property regime. However, with a prenuptial agreement, you can choose from several regimes, such as universal community property, separate property, or participation in acquisitions. Choose the one that best suits your situation and expectations.
 

3. Pay attention to specific provisions: Provisions in a prenuptial agreement can be used to protect your surviving spouse, but they may also conflict with the children’s interests. For example, the “preciput” clause and the “universal community property” provision with a full allocation clause may be challenged by children from a previous marriage.
 

4. Budget for the cost of a prenuptial agreement: The average cost of a prenuptial agreement ranges from 230 to 500 euros, including the notary’s fee and administrative costs. Although this may seem high, it is an investment that can save you money in the long run, especially in the event of a divorce.
 

5. Consult a professional: It is always recommended to consult a notary or an attorney specializing in family law before signing a prenuptial agreement. They can help you understand the terms of the agreement and avoid potential pitfalls.