Contrat Prénuptial Template for France

A Contrat Prénuptial is a legally binding agreement that allows you and your future spouse to establish your matrimonial property regime before marriage in France. Under French law, this contract must be executed before a notaire and determines how your assets, debts, and property will be managed during marriage and in case of divorce or death.

When do you need this document?

You need a Contrat Prénuptial when you want to deviate from France's default matrimonial regime of communauté réduite aux acquêts. This is particularly important if you own significant assets before marriage, operate a business, expect substantial inheritance, or have children from previous relationships. Professional couples, entrepreneurs, and individuals with complex financial situations often require prenuptial agreements to protect their interests. The contract is also essential when one spouse has considerable debts, as it can prevent the other spouse from becoming liable for pre-marital obligations.

Key legal considerations

Your Contrat Prénuptial must clearly identify both parties and establish the chosen matrimonial regime, whether séparation de biens, participation aux acquêts, or a modified community regime. The contract should include a comprehensive inventory of each spouse's separate property, including real estate, investments, business interests, and personal belongings. You must declare all existing debts and specify how future liabilities will be managed. The agreement can address inheritance rights, spousal support, and property division procedures. However, you cannot include provisions that violate public order, such as clauses affecting child custody or support, or those that completely eliminate spousal duties.

Legal requirements in France

French law mandates that your Contrat Prénuptial be executed through a notarial act under Code Civil Article 1394, making notarial authentication absolutely mandatory. You must sign the contract before your marriage ceremony, as post-marital execution is generally prohibited except under very specific circumstances governed by Article 1397. The contract must comply with Articles 1387-1543 of the Code Civil, which regulate matrimonial regimes and property rights. Both parties must have full legal capacity and provide informed consent without coercion. The notaire will verify the contract's legality, ensure proper disclosure of assets and debts, and register the agreement with relevant authorities. Any modifications to the contract must also be notarized and generally completed before marriage, though limited changes during marriage may be possible under strict judicial supervision.