Question 12382 — family

Summary

Mr. Michel Delpon draws the attention of the Keeper of the Seals, Minister of Justice, to the automatic revocation of matrimonial benefits which only take effect upon the dissolution of the matrimonial regime or the death of one of the spouses, unless the contrary wish of the spouse who consented to them is noted in the agreement signed by the spouses and countersigned by the lawyers or by the judge at the time of the divorce, and then rendering irrevocable the advantage maintained (C. civ., art. 265, al. 2). It was specified that, if the wishes of the spouse had to be noted at the time of the divorce, it could nevertheless be expressed beforehand, and more precisely manifested in the marriage contract, the judge simply noting this agreement at the time of the divorce to make the advantage irrevocable. The solution, particularly welcome, particularly for participation schemes to acquisitions which have been the subject of conventional arrangements, deserve to appear in the civil code and thus have the force of law. Also, he asks him if the next justice reform could be an opportunity to make this adjustment.

Machine translation from French. The official text remains authoritative.

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