Don’t Wait for Trouble: Why Married Couples Should Consult a Lawyer Now

In the context of a relationship, the word “lawyer” can seem quite alarming: it often suggests an impending, contentious divorce. It’s hard to imagine spending a romantic afternoon in a law office when everything is going well and separation isn’t even being considered. Yet, that’s exactly what Maître Chloé Belloy recommends. “Many procrastinate because they think it’s a way of anticipating the worst, that it’s not romantic. But actually, it’s when things are going well that these issues should be considered. When you take out home insurance, it’s not because you expect your house to burn down, it’s to protect yourself,” explains the family law attorney.

The reality is stark: about 8 out of 10 couples skip drafting a marriage contract and default to the standard legal system without fully understanding the implications. In fact, nearly a third of married couples don’t even know their matrimonial regime, nor what it legally entails. Even among those who made an informed choice, the vast majority have never revisited their contract since signing it at the notary years earlier. In the event of a divorce or death, this often results in an unpleasant surprise: they only discover the binding rules when it’s too late to change them. However, Chloé Belloy informs us that it is possible to adjust your matrimonial regime “at any time” throughout your life to better suit the couple’s current situation. This is why she advises consulting a lawyer at each major milestone, “while there is still possible dialogue.“

“Buying property, moving abroad, stopping work, having children, falling ill, an accident, losing a job… These are times in life when things need to be reviewed.” Indeed, a couple’s relationship undergoes many changes, and it’s crucial to ask each time: “Is our matrimonial regime still fair according to our plans?” Chloé Belloy gives several examples of scenarios where the “asset strategy” differs each time and needs to be discussed with a professional: “Imagine a couple who has been separated in terms of property all their life, but they are 60 years old, their children are grown, and there’s a good chance they’ll end their lives together… Maybe it would be beneficial for them to switch to a community property regime to offer more protection to the other person.“

Conversely, the opposite might be necessary: “Consider a couple where one partner starts their own business, taking on considerable risky loans. If they were in a community property regime, perhaps it would be wiser to switch to a separation of property regime to protect the spouse’s assets?” suggests the attorney, while noting that there are some legal nuances to consider. For instance, to dissolve the community property, one must pay a division tax to the state. This is a hefty mandatory tax that many only find out about at the time of divorce.

Practically, the lawyer will assess “what you own, your current situation, your assets, your incomes, your income disparities, your investments, how you manage things, your rights and obligations, your desires, and what can be done to ensure both parties are secure and not frustrated.” Then, it involves rebalancing everything so that the couple’s desires align with the legal possibilities: “This is truly an area where we can tailor solutions specifically to a couple’s needs.“

Of course, this marriage contract review comes with a cost. Fees vary depending on the lawyers and the specific needs of the couple: “It can be very straightforward, involving just one appointment to understand the risks and workings of one’s regime, or very customized and detailed, requiring multiple stages” if changes and other legal maneuvers are anticipated. At Maître Belloy’s office, the hourly rate is 450 euros excluding taxes. While not affordable for everyone, this investment can prevent potentially unpleasant surprises at the worst possible time: “Even for us, it’s frustrating having to break bad news to people at a point in their lives when things are already challenging,” the lawyer emphasizes.