Inform your adult children in the context of a matrimonial regime change procedure

1. Copy Letter Template next by completing it :

[First Name Last Name]

[Personal address]

[Recipient]

[Address of the recipient]

[Municipality] , [Date]

Subject: Proposed changes to the matrimonial property regime

Information about spouses

[Surname and first names of each spouse]

[Domicile of the spouses (common or separated)]

[Date and place of marriage]

[Designation of the modified matrimonial property regime, possibly with mention of the date of the marriage contract and the name of the notary who established it]

Information on the modification of the matrimonial property regime

[Modified]

[Appointment of the notary drafting the deed (name and address)]

[Date of the act]

Information concerning the opposition

‘In accordance with the provisions of the second paragraph of Article 1397 of the Civil Code, the adult children of the spouses and persons who had been parties to the amended marriage contract may lodge an objection within three months of receipt of this letter. This opposition is made, with article 1300-1 of the new code of civil procedure, by registered letter with request for acknowledgement of receipt or by exploit of the commissioner of justice (formerly judicial bailiff and judicial auctioneer) addressed to the notary drafting the deed.”

Article 1397 of the Civil Code:

The spouses may agree, in the interests of the family, to modify their matrimonial property regime, or even to change it entirely, by a notarial act. On pain of nullity, the notarial deed contains the liquidation of the modified matrimonial property regime if it is necessary.

The persons who had been parties to the amended contract and the adult children of each spouse shall be informed personally of the proposed amendment. Either of them may object to the amendment within three months. In the case of a minor under guardianship or a child of full age who is the subject of a legal protection measure, the information is given to his representative, who acts without prior authorization from the family council or the guardianship judge.

Article 1300 of the Code of Civil Procedure:

"The information provided for in the second paragraph of Article 1397 of the Civil Code shall be notified to the persons who had been parties to the marriage contract and to the adult children of each spouse.

The content of this information and that of the notice provided for in the third paragraph of Article 1397 of the Civil Code shall be defined by order of the Minister of Justice.’

Article 1300-1 of the Code of Civil Procedure:

‘Oppositions made by the persons referred to in the second and third subparagraphs of Article 1397 of the Civil Code shall be notified to the notary who drew up the document. He informs the spouses.

In the event of opposition, it shall be the responsibility of the spouses to submit an application in the form provided for in paragraph 2 of this Section."

2. Print the document

3. Sign the document (for the 2 spouses)

4. Send the document to each adult child by letter RAR: titleContent (or by act of commissioner of justice, former bailiff and judicial auctioneer)