In a marriage contract, which law governing the matrimonial regime may the spouses choose?

It is best for mixed couples (where one of the two spouses is of foreign nationality) or couples wishing to relocate or already living abroad, to formalise a marriage contract within which they shall choose the law applicable to their matrimonial regime. Failing this, in many cases, the nature of their matrimonial regime will remain uncertain.

In general, the spouses will have the choice between the three following laws:

-the law of the State of which one of the spouses is a national at the time of the act,

- the law of the Sate within which one of the spouses has their habitual residence at the time of the act,

- or the law of the first State on the territory of which one of the spouses will establish their new habitual residence once married.

Apart from this choice of law, you need to anticipate any difficulties linked to the coexistence of several legal systems throughout the world so as to secure at best the effectiveness and recognition of your marriage contract abroad. To do so, feel free to contact Alexandra ETASSE, who specialises in International Law and heads the international department of ETASSE et Associés, and who will therefore be able to help and advise you in order to consider together the terms for the drafting of the marriage contract