We are a French couple living abroad: what is our matrimonial regime?

This is a delicate question, as the answer differs from country to country. In some countries, marriage does not automatically create a “matrimonial regime”: each spouse keeps their own assets and their own debts. This is the case in most common law countries (Australia, the United Kingdom, Singapore, the United States except for certain states that have adopted a community regime…).

In this situation, you can also choose, by notarial deed, French law (your national law) or the law of your country of residence as the law applicable to your matrimonial regime. Without such a deed, since 2019, the law of the couple's first residence after the marriage applies throughout the couple's life. So, if you marry in Norway, you will be subject to the Norwegian regime (universal community of property), even if you later settle back in France. Everything you own before and during the marriage (property, movable assets, income…) will then become joint property.

Therefore, if you are planning to marry abroad but to return to France in the future, we strongly advise you to sign with your notaire a deed designating French law as the law applicable to your matrimonial regime.