Accueil / Estate planning inheritance / Voluntary change of law applicable to the matrimonial regime.

Voluntary change of law applicable to the matrimonial regime.

In an international context, husband and wife have the option of changing at any time the law applicable to their matrimonial regime. However, this choice is circumscribed by and limited to the following laws:

-          that of the State of which one of them is a national,

-          that of the State in which one of them is habitually resident at the time of the choice,

-          that of the State where the immovable assets are located, but only in regard to these assets.

This change of applicable law must result from an instrument executed in the form of a marriage contract. It may need to liquidate the previous regime. Steps to publicise such a change are necessary for opposability against third parties

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