International Couples : the rules have changed

A new regulation simplifies the matrimonial property regime of international couples. Those who live in two different countries are also concerned.

Since September 1, 1992, a couple who married without a marriage contract was subject to the law of the country of their first common residence after the marriage. "Both spouses are French who married in France and settled in London were automatically of the English regime of separation of property, applicable by default. But if they came back in France, they were subject to the French law, without necessarily knowing it," explains Catherine Costa, director of the centre assets solutions at Natixis Wealth Management.

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A new regulation in force since January 29, 2019 puts an end to this so-called principle of "mutability" automatic for those who have married since. It provides that the matrimonial regime applicable to international couples is one that applies by default in the country in which the couple has their first marital home, but it is kept.

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If each of the spouses settles in a different country, the regime applicable is that of the country of the common nationality of the couple at the time of marriage, or for bi-national couples, that of the country with which the spouses have the closest links at the time of the wedding (the place of location of the property, the place where they were married, the domicile or the nationality of a spouse...).

couples who live in two different countries concerned

Attention, these legislative changes do not concern only the mixed couples "bi-national", but also those who live in two different countries and those of the same nationality who are relocating abroad. In other words : they apply as well to spouses of French residing in Spain or in Dubai that spouses of algerians who settled in France...

The catch ? Often couples who are on the move are unaware of the existence of these rules. They will discover that at the time of the liquidation of their matrimonial regime. That is to say, on the occasion of their divorce or the death of the first of the two spouses !

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of course, regardless of the date of their marriage, couples may derogate from these rules by drafting a marriage contract and making a statement of applicable law by a notarial deed. It allows you to choose what law to their matrimonial property regime will be submitted.

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This choice is, however, more restricted than before, since couples no longer have only one of two possibilities : the law of the country in which at least one of the two has his habitual residence or the country in which one of the spouses has the nationality. For example, the French living in Belgium and having a secondary residence in Italy may choose to submit their matrimonial property regime of French law. But they no longer have the possibility to choose the law of their future residence or place of location for the buildings.