Review of the current regime
Analysis of the applicable regime (statutory or contractual), its consequences on the business and personal assets, identification of risks and optimisations.
→ Executives · Sub-expertise
The matrimonial regime is the business owner's first line of defence for their assets: it determines what belongs to each party, what is shared in the event of divorce and what is passed on. An unsuitable regime can bring down a business in the event of separation. We assist executives and their spouses in choosing and adapting the matrimonial regime.
→ What we cover
Analysis of the applicable regime (statutory or contractual), its consequences on the business and personal assets, identification of risks and optimisations.
Contractual regime under which each spouse retains exclusive ownership and management of their own property, ideal for protecting the business. Establishment of or change to this regime.
Hybrid regime: separation during the marriage, a compensatory claim on dissolution. A compromise between protection and patrimonial solidarity.
Community regimes incorporating all or part of the assets into a common pool. Suitable for certain family projects but to be handled with caution for the business owner.
Preferential allocation (préciput) clauses, unequal sharing clauses, full attribution to the surviving spouse: optimisation of the transfer to the surviving spouse, articulation with the succession.
Procedure for changing the matrimonial regime during the marriage: notary, possible court approval, tax and asset consequences.
→ Our approach
01
Analysis of the couple's assets, the current regime, the professional and family projects, and the specific risks linked to the executive's activity.
02
Advice on the regime suited to your situation, with modelling of the consequences in the event of divorce, death or difficulty of the business.
03
Drafting of the marriage contract or the deed of change, articulation with transfer deeds, gifts and other asset operations.
04
Articulation with the overall asset strategy (gifts, business transfer, life insurance, holding company) for overall consistency.
→ Who we help
Advice to an executive married under the statutory regime who creates their business: analysis of the impact, recommendation of a change to separation of property or participation in acquisitions.
Matrimonial reorganisation before the sale of a business to optimise the transfer, protect the surviving spouse and prepare the taxation of the sale.
Marriage contract before remarriage to protect the respective estates and the children from previous unions, articulated with the business transfer.
Strategy combining dismemberment of ownership and the participation-in-acquisitions regime to optimise taxation, transfer and protection of the spouse.
→ Q&A
In the absence of a marriage contract, spouses are subject to the regime of community reduced to acquisitions: property acquired during the marriage enters a common pool. For the business owner, this regime may result in the value of the business created during the marriage being shared.
Yes, largely: each spouse retains ownership of their property and is not liable for the other's debts. However, case law recognises contributions by the spouse to the business (unpaid work) which may give rise to compensation at the time of divorce.
Yes, by notarial deed, with no minimum duration of marriage required. Court approval is required only in certain cases (presence of minor children, objection by an adult child or a creditor). The change has tax consequences to be anticipated.
A hybrid regime: during the marriage, it operates like a separation of property. On dissolution, the spouse who has grown less wealthy receives a compensatory claim corresponding to half of the difference between the acquisitions. A compromise between protection and solidarity.
→ Go further
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