Last Updated January 04, 2019

Law and Practice

Contributed By UGGC Avocats

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UGGC Avocats was one of the first French business law firms to possess a team dedicated to private clients. Lawyers in the private clients’ team deal with all aspects of the law concerned with people and property and in particular civil law, family law, art law, tax law, trust and fiduciary law, real estate law and employment law. In view of the department’s very frequent dealings with international matters, international private law and international tax law are its two major components. In all these domains, UGGC Avocats is involved both as counsel and in litigations arising in one of its fields of competence: international private family and personal estate law, international and domestic tax law, trusts, fiduciaries and family foundations, philanthropy and art law (legal, tax and customs issues).

French law has a long tradition of recognising the validity and enforceability of post-nuptial and pre-nuptial agreements, whereby the parties contractually organise the financial consequences of their divorce, and the administration and allocation of their assets.

Spouses married under French law enjoy full freedom, based on the civil code, to provide rules of administration and winding up of their assets in a contrat de mariage, assuming that these do not violate public order rules.

EU regulations – specifically, that dated 24 June 2016 (referenced 2016/1103) – will offer great protection of private and family life and property rights to couples moving from one Member State to another. “The objectives of this Regulation," it reads, "namely the free movement of persons in the Union, the opportunity for spouses to arrange their property relations in respect of themselves and others during their life as a couple and when liquidating their property, and greater predictability and legal certainty, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effects of this Regulation, be better achieved at Union level, where appropriate by means of enhanced cooperation between Member States. In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union, the Union has therefore competence to act. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives”.

UGGC Avocats

47 rue de Monceau
75008 Paris

+33 1 56 69 70 00

+33 1 56 69 70 71

la.glotin@uggc.com www.uggc.com
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UGGC Avocats was one of the first French business law firms to possess a team dedicated to private clients. Lawyers in the private clients’ team deal with all aspects of the law concerned with people and property and in particular civil law, family law, art law, tax law, trust and fiduciary law, real estate law and employment law. In view of the department’s very frequent dealings with international matters, international private law and international tax law are its two major components. In all these domains, UGGC Avocats is involved both as counsel and in litigations arising in one of its fields of competence: international private family and personal estate law, international and domestic tax law, trusts, fiduciaries and family foundations, philanthropy and art law (legal, tax and customs issues).

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