Marriage. Choosing your matrimonial regime, your marriage contract. Henry Royal youtube

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Henry Royal

Published on Aug 10, 2022
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Marriage. Presentation of separatist and community regimes and marriage contracts What marriage contract? Marriage is a question of philosophy of life. Marriage mainly allows the surviving spouse to be protected by passing on assets to them upon death. However, if I pass on assets to the surviving spouse upon my death, this asset is therefore not passed on to the children; it may be passed on upon the second death. Marriage is therefore not very compatible with the objective of transmission. The matrimonial regime defines: • the distribution of powers • the distribution of property and debts between the spouses during the marriage • the future sharing of assets between the spouses in the event of divorce the surviving spouse and the heirs in the event of death. Depending on the regime, the spouses' assets can be divided into 3 groups: the wife's own assets, the husband's own assets, and the common or undivided assets. Separatist regimes (separation of property, participation in acquisitions) give priority to separate assets. Are jointly owned: property acquired by two spouses married under a separatist regime and property for which one spouse cannot provide proof of ownership are jointly owned (Civil Code, art. 1538). Community regimes (community reduced to acquisitions, community of movable and acquired property, universal community) give priority to common property. Property for which proof of ownership cannot be provided is presumed to be common (art. 1402). Selection criteria: separatist regime or community regime? Separatist regimes, with priority to separate property, allow for the free management of one's property, independence. Protect one from the pursuit of the other's creditors (?). Be able to recover one's property in the event of a breakup or divorce. Give priority to one's children upon one's death. Blended family: prevent property from going to the other branch. Community regimes, with priority given to common property, are suitable for: Protecting the surviving spouse: increasing the common mass, half of which will go to the surviving spouse, thanks to matrimonial benefits, transferring more than half of the common assets to the surviving spouse on the first death, without inheritance tax. The heirs will only receive their shares of the transferred property on the second death. Blended family: favoring one's spouse, common children and the spouse's children to the detriment of the children from the first marriage. This is explained in this YouTube video on marriage contracts #marriage #marriagecontract

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