Contributed By UGGC Avocats
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”.