Marriage Followed by Expatriation: The Matrimonial Property Regime Trap

I recently met at my office with a French client who came to consult me regarding her upcoming divorce. She had married without a prenuptial agreement (contrat de mariage) and moved to the United Kingdom with her husband immediately after the wedding.

The couple established their first marital residence there and remained in the UK for many years. To follow her husband abroad and raise their children, my client had resigned from her job. Throughout their years of married life abroad, she did not hold paid employment.

The Illusion of French Community Property

Like many French nationals who marry without signing a marriage contract before a notary, my client assumed she was governed by the French default statutory regime: community of property accrued during marriage (communauté réduite aux acquêts). In her mind, everything earned and acquired during the marriage belonged equally to both spouses.

During our consultation, we had to confront a very different legal reality.

The Rule of First Habitual Residence

Under French private international law rules, when spouses marry without a marriage contract and without formally designating the applicable law, their matrimonial property regime is governed by the law of the country where they establish their first habitual residence immediately after the wedding.

In her case, because the couple settled in the United Kingdom right after getting married, British law automatically governed their matrimonial regime, regardless of their French nationality.

And under British law, the default regime is treated not as community of property, but as separation of property.

Without realizing it, this client lived her entire marriage under a separation of property regime, while believing she was protected by French community property rules.

Significant Financial Consequences Upon Divorce

Under a separation of property regime, each spouse remains the sole owner of the income they earn, the savings they build, and the property purchased in their own name.

During our meeting, my client discovered that:

• All income and savings accumulated by her husband during their expatriation belonged solely to him;
• The real estate purchased during the marriage, financed and registered in her husband’s sole name, remained his exclusive property;
• She had no claim to a half-share of those assets under matrimonial property division, even though she had given up her career to care for the family.

In such a situation, protecting the financially dependent spouse relies primarily on claiming a compensatory allowance (prestation compensatoire) to offset the disparity in living standards caused by the divorce—though this does not replace an equal division of marital assets.

Key Takeaway

When a move abroad is planned around the time of marriage, it is essential to seek legal advice beforehand and sign a marriage contract or formally designate the law applicable to your matrimonial regime.

This precaution is especially critical when one spouse puts their career on hold to follow the other into expatriation. Stepping into a position of financial vulnerability requires a clear understanding of the rules governing family assets, so as not to face a painful surprise if the marriage ends.

Learn more about matrimonial property liquidation and asset division in France.