Why make a marriage contract? A marriage contract allows the spouses to choose their matrimonial regime, to take decisions in the event of death to meet the different needs of the couple. So, this is an element that should not be neglected when you proceed with your marriage or civil union. Know more about it!
Role of the notary in the contract
There is a specific requirement in relation to the marriage contract: it must be notarized. So, logically, you will have to call upon a notary for the drafting of your contract. The notary is an expert in law and will be able to advise you and align your needs with the marriage contract. This last one will be made to measure for your couple. In addition, you may ask your notary to be your wedding celebrant. In that case, he will be able to assist you throughout the process.
Time of drafting the contract marriage
You can make your marriage contract before you after the celebration of your union. Everything goes according to your schedule and your preference. If drafted before the marriage, the contract will come into force from the date of celebration. If you decide to draft your contract after the wedding day, it will change your matrimonial regime upon your will and your needs.
What are the advantages of having a contract marriage?
The importance of a marriage contract should never be overlooked. It can offer you many advantages you wouldn’t have thought of. As mentioned before, you will be able to choose your matrimonial regime. The latter contains details of the administration of your property during the marriage and also at the end, if one of the spouses files for divorce or dies.
In addition, you can include in your contract everything related to the separation of property and create a customized contract for you. This is where you will be able to separate your assets. Overall, the marriage contract offers some flexibility with regard to the matrimonial and property separation regime, provided that this is in accordance with the law.
Your contract may also have a section that discusses the provisions in the event of death. But the only downside is that it favours the widowed spouse more than children or family. So it is recommended to also have a will if you want the assets to be properly divided.
Is there a change in your situation? It is possible to modify your marriage contract at any time or by creating a new one. The only condition is that the new contract requires the presence and consent of all persons mentioned in the contract.
A marriage or civil union contract is not to be neglected when you decide to be united with your soul mate. Indeed, you can have many benefits that affect the choice of matrimonial regime and the separation of your property. In addition, a contract may offer some protection to the widowed spouse, although it is preferable to have a will. Ask your notary for more details.