How to change or modify your matrimonial property regime?
Verified 10 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
You are married and you want to change or modify your matrimonial regime? You must contact a notary. He's going to draft a new matrimonial agreement. You will need to inform your adult children and creditors the envisaged changes. In case of opposition, you will have to request a approval to the judge. The cost varies, depending on the value of your property. We tell you what you need to know.
The matrimonial property regime determines the relationship of money between the spouses and the fate of their property (common, clean or undivided).
All married persons have a matrimonial regime.
It can be provided for by law or chosen by the spouses.
Changing or modifying the matrimonial property regime can be one of the ways to better protect your spouse (for example by opting for a community regime) or to limit the risks associated with a professional activity (for example by opting for the property separation regime).
You can change your matrimonial property regime, for example, by setting specific rules for certain assets (including the family home).
You can also opt for another matrimonial property regime (for example, to favor your spouse by adopting the universal community regime with a full attribution clause).
You must meet the following 3 conditions:
- Family interest (which may be that of the couple or one of the spouses)
- Consent of the 2 spouses
- Use of a notary.
You must inform the representatives of your minor children under guardianship, your adult children (common or not), your potential parents of your proposed change of matrimonial property regime creditors and certain interested persons.
Minor children under guardianship
If your minor child is under guardianship, the information shall be sent to its representative.
You must address it by one of the following means:
- Mail RAR: titleContent
- Act of Commissioner of Justice (former judicial officer and judicial auctioneer).
Who shall I contact
Adult children of spouses
Your adult children (common or not) must be personally informed of the proposed change.
You can use this letter template:
Inform your adult children in the context of a matrimonial regime change procedure
You must address it by one of the following means:
- Mail RAR: titleContent
- Act of Commissioner of Justice (former judicial officer and judicial auctioneer).
Who shall I contact
FYI
If your adult child is the subject of a protective measure such as the guardianship or the curatorship, you must send the information to their representative.
Your adult children may oppose the amendment of the matrimonial property regime in a 3 months delay. This period runs from the information provided by the parents.
The opposition of your adult children must be addressed to the notary in charge of the modification by one of the following means:
- Mail RAR: titleContent
- Act of Commissioner of Justice.
Who shall I contact
The absence of opposition within 3 months is tantamount to tacit acceptance of children of full age.
Creditors
The creditors shall be informed of the amendment envisaged by publication of a notice in a authorized journal to receive legal notices.
This information is published in the district or department of your home.
Most often, the notary is responsible for the publication.
If not, you can use this review template:
The publication of the notice is paid.
Calculate the amount of a legal ad
Creditors may object to the amendment within 3 months following publication.
Other interested persons
These are the people who were party to the possible marriage contract that you want to change (for example, a parent who made a donation under the contract).
You can inform the persons concerned by post RAR: titleContent.
You can also call on a commissioner of justice (formerly judicial officer and judicial auctioneer).
Who shall I contact
It depends on your situation:
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
You must contact a notary.
The notary must advise and evaluate the benefits of the new regime.
It checks that the change respects the interests of the family (which may be that of the couple or one of the spouses).
In any case, it is recommended to come with the following documents:
- Family booklet
- Identity card
- Marriage contract in progress, possibly
- If you have children, identity and address of each of them.
If you have minor children, the notary checks that their interests are preserved. If he considers that the change of matrimonial property regime is seriously prejudicial to them, he may refer the matter to the family court judge as the guardianship judge for minors.
The notary must ensure that information of interested persons through change:
- Representative of a minor child under guardianship
- Adult children
- Representative of a child of full age who is subject to a legal protection regime
- Creditors (via a legal announcement log)
- Persons who were parties to the amended marriage contract.
If the conditions are met, the notary draws up the new matrimonial agreement in the form of authentic instrument.
Who shall I contact
Spouse under guardianship or curatorship
You or your future spouse are subject to a legal protection (guardianship, curatorship, safeguarding of justice, family empowerment), you must first contact the judge.
The change or modification of the matrimonial property regime is subject to the prior authorization of the judge protection disputes as a guardianship judge (or family council).
Who shall I contact
You must contact a notary after obtaining the authorization of the judge.
In any case, it is recommended to come with the following documents:
- Family booklet
- Identity card
- Marriage contract in progress, possibly
- If you have children, identity and address of each of them.
If you have minor children, the notary checks that their interests are preserved. If he considers that the change of matrimonial property regime is seriously prejudicial to them, he may refer the matter to the family court judge as the guardianship judge for minors.
The notary must ensure that information of interested persons through change:
- Representative of a minor child under guardianship
- Adult children
- Representative of a child of full age who is subject to a legal protection regime
- Creditors (via a legal announcement log)
- Persons who were parties to the amended marriage contract.
If the conditions are met, the notary draws up the new matrimonial agreement in the form of authentic instrument.
Who shall I contact
You must ask the court of law from your home the approval of your change of regime, only in case of opposition of any of the following:
- Major child
- Representative of a protected adult child or a minor child under guardianship
- Creditor.
The assistance of a lawyer is mandatory.
The lawyer presents a query to the court on your behalf at all 2, to which is attached a copy of the notarial deed.
To approve the new regime, the judge considers the following:
- Interest of family
- Damage to creditors.
He can get input from the children, but he doesn't have to follow it.
Who shall I contact
The cost of changing the matrimonial property regime depends on:
- Planned change
- Composition of spouses' assets (property furniture or real estate)
- Value of the goods mentioned in the contract.
It is up to the notary to calculate the cost of the plan change.
You must pay the following fees:
- Advertising and procedural costs
- Emoluments of the notary calculated on the value of the goods
- Costs of winding up the matrimonial property regime
- Legal fees in the event of probate before the court
- Information fees for creditors and adult children.
The notary's emoluments are proportional to the value of the property mentioned in the marriage contract, if this value exceeds €30,800.
Up to €30,800, the remuneration of the notary shall be fixed at €188.68 (excluding taxes).
Marriage certificate statement
The change of matrimonial property regime must be indicated in the margin of the marriage certificate spouses.
It is the notary who makes the request to the registrar.
The notary also mentions the change of regime on the minute of the amended marriage contract.
Please note
In the case of an application for judicial approval of the change of matrimonial property regime, a statement of registration in the civil directory shall be affixed to the birth certificate of each spouse. The procedure is carried out by the lawyer.
Effects between spouses
For spouses, the new marriage contract takes effect, depending on your situation, on any of the dates following:
- Date of the notarial act
- Date of approval judgment.
Effects for third parties
In the case of third parties, the new marriage contract takes effect 3 months after the date of the entry in margin of the marriage certificate.
In the absence of this reference, the change is enforceable to third parties if the spouses have declared that they have changed their matrimonial property regime in the acts signed with them.
Who can help me?
Find who can answer your questions in your region
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the Department of Justice.
- Notary
- Judicial court or local court
Marriage contract (amendment: Article 1397)
Change in matrimonial property regime
Judicial approval of change of matrimonial property regime
Service Public