Q&A Corner – Why will my UK marriage status cause financial issues when I move to France?

Q: Why will my UK marriage status cause financial issues when I move to France?

A: When a British couple, who wed in the UK, live in France their marriage status defaults to “Séparation de Biens”. This means each spouse owns property in their name and there is no sharing of assets.

French law, rather than automatically applying a French marital regime, follows the Hague Convention of 14 March 1978 where each spouse retains ownership of their own assets. Therefore, there’s no community of property as would exist under France’s default regime communauté réduite aux acquêts.

This can impact:

• Inheritance. Spouses are protected differently depending on the marital regime. 
• Property purchases. It is crucial to clarify ownership shares in the deed.
• Succession. Documenting the marital regime is essential, especially if children from previous unions are involved.

British married couples can change their situation by opting into a French marital regime, such as the communauté réduite aux acquêts, but this must be officially carried out with a notaire